Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-20
Courts Order for Disposal Of
Waggaman Collection.
Apr AISERS NAMED
SPECIAL ATTORNEY TO ASSIST
TRUSTEES COUNSEL.
Value of the Paintings to Be Ascer-
tanned by Appraisement Prior
to Sale.

The court today ordered the ap-
praisement and sale OF the Wagga-
man Art Gallery, which was held as
security by the Catholic University.
Referee Bradley appointed a
board of appraisers OF the Wagga-
man assets, comprising Messrs.
Frederic L. Moore, Louis P. Shoe
maker and George w. +. SwartzeH.
Justice Anderson of the Supreme Court or
the District of Columbia late this after
noon authorized II. Rozier Dulany trustee
of the estate of Thomas E. Waggaman,
bankrupt, to enter into contract with
some competent and responsible person or
corporation to sell Mr.. Waggaman art
collection.
1t was explained that It appeared to the
court that it will be for the best interests
of the creditors of the bankrupt that tne
sale shall be made at public auction IN the
city Of New York during the months Oh jan
uary or February next.
1t Is provided in Justice Anderson oruer
that before the art collection. or any part
of 1t, Is removed from the District or CO.
lumbia 1t shall be first appraised as whole
Thomas Nelson Page, Ralph Cross john
son and E. Francis Riggs have been APP
pointed by the court to make the appraisal
The contract to be entered into must first
be reported to and approved by the court.
The interest of the Catholic University OF
America in the collection by virtue of the
bill of sale to it is reserved and transferred
to the net proceeds Of the sale.
The order was signed on the consent OF
Charles j. BOnaparte and George E. Hamil-
ton, attorneys for the Catholic University.
Based on Petition.
The action of Justice Anderson was based
on a petition filed by Trustee Dulany,
through Attorneys Samuel Maddox and H.
Prescott Galley. setting forth that among
the assets of Mr.. Waggaman Is a large
and valuable art collection of pictures and
paintings. curios bronzes. articles of virtu,
an annex to Waggaman's residence at No.
1900 street northwest. and that
a lien exists thereon in favor
of the Catholic University of America, as
shown by bill! of sale in favor Of the uni
versity recorded among the land records.
The collection, the petition says. is housed
In building not properly constructed to
insure its safe keeping against the possible
favages of fire and cold. and that the col
lection may be greatly injured, If not en-
tirely destroyed. II longer permitted to re-
main in its present location.
Trustee Dulany declares that the best
collection in the city of New York, and that
he is informed that the months of January
and February are best suited for such q
sale. and that the Catholic University con-
ours In such a disposition of the collection.
The Catholic University filed an answer to
Trustee Dulany's petition. in which it con-
sented to an order for a sale at auction in
the city of New York of the collection, pro-
vided that the university'S right to the
same be transferred from the property
when sold to the net proceeds of the sale.
In its answer the university denied that
the art collection constitutes part of the
bankrupt's estate. .&-r - -
Appraisers Named.
The other transactions of Importance in the
Waggaman litigation were brought out to-
day. The first was the appointment by Mr..
Andrew Y. Bradley, referee in bankruptcy.
of Messrs. Frederic L. Moore. Louis p.
Shoemaker and George ". F. Swartzell as
the board of appraisers of the Waggaman
assets. The other was the appointment of
Mr.. Edwin c. Brandenburg by Justice An
derson as special counsel to Mr.. H. Rozier
Dulany, the Waggaman trustee.
The duties of the appraisers will be to
appraiSe all the real and personal property
belonging to Thomas E. Waggaman, the
bankrupt. They will be required to inspect
the property, including the art gallery and
library. and everything else in the shape of
an asset and pass upon its value. The gem
tlemen have been sworn in and will Mr.
Bradley stated this afternoon, -enter upon
their duties at once.
Duties of Mr.. Brandenbure.
Mr.. Edwin c. Brandenburg of the law
firm of Brandenburg & Brandenburg, who
was appointed special counsel to H. Rozier
Dulany. the trustee in the bankruptcy case
of Thomas E. Waggaman. to advise and aid
him in the management and conduct of that
estate, will, 1t is understood. be associated
with Samuel Maddox and his assistant, H.
Prescott Galley, who were recently ap-
pointed attorneys by Mr.. Dulany. The ac-
ton of the court is an indication that it is
the purpose of Judge Anderson that the
matter shall be pushed to a conclusion at
as early date as possible consistent with
the best interests of all the creditors
1t is understood that the appointment of
special counsel to the trustee In bankruptcy
has occurred in a number of large bank
ruptcy cases, where there were many con-
flicting interests. the special counsel repre-
senting no particular creditor or class of
creditors, and is in effect a representative
OF the court. who is at all times in absolute
control and charge of the bankruptcy pro-
ceedings under the bankruptcy law.