Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-22
Allegations Regarding a Ger
tain Deed of Trust.
ALLEGED R Ell E AS E
MR.. T. E. WAGGAMAN MADE DE-
PENDANT IN PROCEEDINGS.
Custodian of Property Permitted to
Make Repairs for Preservation
of Property.

A suit in equity was filed today against
Thomas l.. Waggaman, in which it is al
legged that a deed of trust was released
without the knowledge or consent of the
compartments who were holders of notes
secured. which notes had, for convenience,
it is said. been left in Waggamans pos
session.
Brttania w. kennon and Augustus Jay.
by attorneys Gordon x Gordon and VIM. f.
Mattingly file the suit against Charles T..
Banes, John Ridout and Thomas E. Was-
gaman in which it is alleged that lots to
13, 2S to 81. Woodley Park and part of
Pretty Prospect were encountered by a
trust 10, $4,000 made by Fannie A. Moore
to Charles f. Banes and another trustee.
since deceased
Among the notes into which the debt was
divided were two 5000 notes. which were
duly indorsed to the complainants. one to
each of them upon their delivery of the cash
to WaEsaman for investment.
Left in Mr.. Waggaman's Hands.
1t is stated that for convenience of col
Eccting interest the notes Were left in Wag-
gamans possession. and the complainants
charge that from time to time certain lots
secured by the trust sold and the
trust released as Ito them, and they say
tfldt now the entire trust appears oI rtCotu
Us released. and they allege that no part OF
the principal of the 5000 notes has been
paid TO them.
When this state of affairs was called to
Mr.. Waggamans attention, 1t is said, he
claimed that it was never intended the trust
should be released. and its release was Il
mistake.
The compiainants say that they have no
knowledge of the payment of the other
notes secured by the trust but have re-
cetved portion of the $4,000 invested by
them.
They ask the court to reinstate the trust
as Il lien against the property, as though
no release had ever been executed and de-
sire foreclosure decree of the court and a
sale of the property to pay their notes and
the others secured by the trust, ii they have
not been paid.
Permitted to Preserve Property.
On petition of Aulck Palmer custodian
of the property of Thomas E. Waggaman
pending the appointment of a trustee in
bankruptcy. Chief Justice Clabaush today
signed an order allowing the custodian to
make repairs to certain parcels of the real
estate. which he might consider necessary,
III order to sustain them in sanitary and
tenantabie'' condition.
The petition sets forth the necessity of
making certain repairs Immediately, as
several tenants of alley houses belonging
to Mr.. Waggaman have been notified by
the health department that repairs must
he made to abate nuisances. In presenting
the petition to the court Attorney Charles
c. Cole. counsel for the custodian. explained
the necessity for granting the order, aud
upon the sugge stiOn of Chief Justice Cla
baugh the order was amended so as to au-
thoriZe the marshal to expend on a par
ticular piece of property no more money
than had been received for rent of that
particular parcel OF real estate.
The chief justice suggested that the gen.
esal amount collected should not be drawn
on for repairs beyond the amount received
from the specified property to which the
repairs were to be made, and that repairs
only should be made by the custodian when
the necessity for them was urgent.
r- Probable Action of Court.
Unless some unforeseen objections shall
arise Thomas e. Waggaman will be adj
judged bankrupt tomorrow morning at the
hearing before Chief Justice Clabaugh on
the rule To show cause issued in the third
petition IN bankruptcy, known as No. SOL,
filed by the Columbia National Bank and
two other unsecured creditors.
All the attorneys connected with the case
who could bc seen today were of the opinion
that no objection to the adjudication would
be made tomorrow, as it was the general
desire to have Mr.. Waggaman declared Il
bSnErunt