Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-26
ACCOUNTAS EXECUTOR
Notice Given on Phase Of the
Waggaman Case.
REPORT! REQUIRED
MOTION MADE By ATTORNEY FOR
TUMfLr4 ESTATE.
Referee Bradley Unable Today to Pre-
sent List Of Secured and Un-
secured Creditors.

Attorney Charles F. Diggs. representing
James A. Tumeltys today notified counsel
for Thomas E. Wasgaman that he will call
up for hearing in the Probate Court at 10
o'clock next Monday morning a motion for
an order requiring Mr.. Waggaman to file
his account as executor Of the estate Of
Hugh Tumelty. deceased. The latter died
September ID, 1893, his heirs-at-law and
next OF Kin being Mary Tumelty. James A.
Tumeity, Vera M. Hughes, Annie Murphy
and Hugh B. Tumelty.
ThOma3 E. Waggaman was granted LET
ters testamentary upon the estate December
10. 1888. gave bond in the sum of $4,000.
and collected $50797 cash that was on de-
pesit In local bank to the credit of Mr..
Tunelty. and $8.15153, money due the de-
ceased from outstanding accounts.
James A. Tumeity charges that Mr. Wag-
gaman has never filed an account and has
never made distribution of the money COM
ing into his hands as executor although
more THAI four years have elapsed from the
time when he was required by law to file
Ms account. but that he still retains the
same and will not account unless compeII-
ed to do SO by this court
Another Meeting Of Creditors.
The creditors of Thomas E. waggaman
and the attorneys representing them held
another session this afternoon in the
grand jury room at the court house. The
attendance of women at yesterdays meet
ing was small. 1t was even smaller to-
day. as only one woman appeared and
she soon left the room.
The dry recital of legal propositions and
the equally dry and to the layman or law
woman uninteresting discussion of first
trusts mortgages, notes and the status of
ha or 81
attendance today largely to members of
the bar and law students, to whom the
proceedings were full of interest
one OF the first arrivals at the meeting
who has manifested much. concern in the
proceedings throughout. He was unaccom-
panied and seated himself in one corner
or the room. separated from the throng of
lawyers and claimants
The attendance today although smaller
than that of yesterday, was nevertheless a
representative one. 1
Mr.. Andrew X. Bradley. the referee in
bankruptcy, opened the meeting a few
minutes after / O'Clock. He stated that he
had found it to be impossible to &c, through
all the claims and arrive at conclusions. as
he had hoped to do, and therefore it would
not be possible to read the lists to the
claimants and their ATTORNEYS as he had
intended to at this meeting
some or the claims las fled. he stated,
are Tor the principal deposited with Wag-
gaman, either evidenced by promissory
notes or by no note at all, with a claim
for interest from a certain date. In some
OF the cases. 1t Is said the referee will
nave to compute interest Approximately
i,SoO claims have been filed, and they are
Deang MED with such regularity. Mr..
braoiey added. chat 1t has been impossible
10 calculate the. interest stated to be due
on them. -, - w o0o
II it should be impossibIes to secure the
th .iaLiinous consent of creditors to waive
fn~ H.
Young Tor trustees, 1t will be necessary.
the referee stated. to defer the election Of
trustees for one week and perhaps two
A Stupendous Task.
The calculation Of the interest on these
Claims. said Mr.. Bradley, will be a stu
penoous undertaking. 1t will be necessary
70 determine what amount each claimant
Is ehtitied TO, both principal and interest.
III some cases as many as six or eight notes
nave been filed. and on those notes interest
Is claimed from different dates
he ADDED that it was his desire to learn
.ne WIshes or the claimants as to the cal
culatl0n or interest for the purpose of vot-
ing. If he disallows such interest fnr -.
purpose stated and one creditor insists 49,
.ne calculation of his interest it will ha
necessary to defer the election of trustaas
by the courts w uieo
1T will be to the interest of every ono -
concluded Referee Bradley. ito waive tba
rlsht OF interest so far as VOTING, for trrs
Ices Is concerned. If all will aeree 70
waive no ones rights Will be prejudiced."
Mr. Taggart Propounds Question.
Mr.. Hugh T. Taggart said that where a
debt becomes due and payable the law at
taches interest to 1t without question. He
wanted to know how each creditor could
segregate the amounts. He did not see the
necessity Of doing so.
An attorney asked If many claims had
been filed with the interest added to the
principal. " ''Ao
Not great many" replied Mr.. RradIev
1T is up to the referee" said Mr.. Tag
CART, TO decide who can and who cannot
vote for the election of trustees He must
come to the conclusion as to who shall and
who shall not vote He should inquire into
the securities Of list No. and then make
his conclusions"
Meeting Of Attorneys Proposed.
Mr.. Taggart proposed that a meeting be
held Of the attorneys representing claim
ants who are alleged to be secured on
list No. 1, for the purpose of going over
the list and arriving at some conclusion as
to the standing of those on that paper.
the conclusions to be reported to the ref
cree.
Mr.. William F. Mattingly did not approve
Mr.. Taggart's plan for meeting. He said
1t would Involve delay not contemplated
by the law"
lawyer termed Mr.. Taggart's pronosed
meeting and scrutiny Of list No. / for tbe
purpose Of deciding upon the security Of
fered by that list, II there Is any security.
as "a proposition, tougo through the list
with fine comb
While the question of the right of those
represented on list Ne to vote for trns-
tee was being discussed. Attorney Land
voigt caused ripple 10 the audience by re-
marking:
I'VE want the question settled whetber
those claimants represented on list No /
are entitled to vote; then you can settle the
question as tofWhetter that list is based
on mythical dream of frenzied finance or
w whether ;e there,n are zeal securities back
Referee Bradley SAID he would be Obliged
to the attorneys for any light thew Can
throw upon thfs matter. o.'
This Qrestion has, puzzled me a pood
DEAL" he addedes'I have not vet arriveS 81
a conclusion tshethsss creditors holding
Notes No. are secured creditors. II viii ~
be necessary to take some testimony before
that is determined. Up to this time A the
night of those holding notes represented ~,
fCf No