Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-25
ANSWER ON RECORD
Mr.. F. P. B. Sands Responds
to Daughters Petition.
ESTATE IN LITIGATION
BELIEVES SUIT WAS INSTITUTED
BY DAUGHTERS HUSBAND.
Denies Courts Authority to Deprive
Him Of Life Estate or to Sub
stitute Receiver.

The answer of Francis P. B. Sands OF the
local bar to the equity suit recently hled
against him by his daughter Mrs. Hen
rietta Sands Anderson, wife Of Capt Ed
ward Anderson, 7th Cavalry, U. 8. A., now
sta toned at Fort Myer, Va. was placed on
record this afternoon through Attorneys r.
Ross Perry & Son. The answer comprises
forty-six typewriter pages.
The stated object Of the proceeding in
stituted by Mrs. Anderson is for an in
junction to prevent her father from trans
ferring or in any way dsposing of any part
of the estate left by her mother. Mrs.
Emile A. Sands, deceased: to secure the
appointment of a receiver to take charge of
the estate pending the litigation; to secure
the removal of her father as trustee of the
estate and the Appointment of some other
person as trustee, and to secure from him
an accounting.
In the beginning Of his answer Mr.. Sands
fact that while the bill of complaint in this
case is filed in the name of the complain
ant, and while it's averments are put In her
mouth. the real complainant is her hus-
band Capt. Edward Anderson. The defend
ant therefore finds himself in this unfortu-
nate position: Charges affecting his integrity
and honor are made against him really by
the said Captain Anderson, but through
the mouth of this defendants daughter, so
that he cannot respond to them otherwise
than as coming from the lips of his own
child Notwithstanding. therefore. the in
furious character of these charges, he will
endeaver to answer them in such language
as may ittingly b. used by a father to a
daughter
Not Considered as Trustee.
At the outset Mr.. Sands denies that ne
can be considered as a trustee under the
provisions Of the will of his deceased wife,
Emile A Sands; but. he says, his position
IS rather that of life tenant of an estate,
with certain powers of sale, disposition and
management with respect to the estate
According to Mr.. Sands the court has no
Jurisdiction to diveSt him of his life estate
in the premises. and to substitute In his
place as such tenant receiver or any other
officer of the court; nor has it jurisdiction,
in any case. to appoint receiver of real
estate situated beyond the District of CO.
lumba AS to the prayer that an injunc-
ton be issued against him, Mr. Sands AYERS
that no case is presented by the bill of
complaint and answer justifying the is
suing of an injunction.
Moreover. he adds. the issuing of an in
junction would irreparably injure not only
the estate of the defendant, who states that
ne Is NE tenant of the entire property, but
also the interests of the defendants daugh-
ter Frances Virginia Sands, and would fur
Their injure. so far as the property held in
common with the estate of the late Elise A.
iiopii 10 COICtIIleu, the interests OF that
estate.
Powers Conferred by Will.
In the opinion of Mr.. Sands the interests
of the estate, so far as the collection of
rents, the payment of taxes. general and
special, of repairs and of insurance charges
and more especially the providing for the
prompt payment of interest accruing due
upon mortgages of the estate, all require
that the management of the same should
continue In the life tenant, who. says Mr.
Sands, has powers conferred upon him by
the will which no receiver can exercise and
the suspension of which, under any iniunc-
ton. would work grievOus injury to the in
terests of all concerned In conclusion, Mr..
Sands asks Ito be hence dismissed, with his
reasonable costs by him in this behalf most
wrongfully sustained
Having answered. in order each of the
averments of his daughters bill of COM
plant as made, Mr.. Sands, answering gem
orally, denies that there has been, in any
act OF his as trustee, any want of that
scrupulous care in the discharge of his
duties toward the estate and toward his
children that warrants the charges made
in the bill.
Quotes Mrs. Anderson's Admissions.
This, according to Mr.. Sands. is evidenced
by the admissions of Mrs. Anderson, wherein
she excerpts from her averments of want of
the authority in the will for the mortgages
made by him that exercise OF such author
ity by the executor approved by herself in
respect of the mortgage upon premises 1922
Connecticut avenue this city-"the only
piece of realty belonging to the estate over
which this court has Jurisdiction"
Mr.. Sands explains that upon the death
of his late wife he found himself confront
ed with the duty of meeting from her es-
tate an Indebtedness of nearly $4,000 the
larger portion of it bearing interest at the
rate of per centum per annum, which
had to be provided for as it fell due Upon
the probate and recording of the will of mis-
late wife, Mr.. Sands further says he read
therein the absolute confidence of the tes-
tatrix in his judgment and integrity, and in
his devotion to the interests of their three
children.
He AYERS that there has been no change
in the management of the estate agreed
upon between his wife and himself. 1t has
been, he asserts. from the first day of his
trust, his earnest effort to curtail and extin-
gulSh the Indebtedness upon the estate
which was steadily increasing by the natural
and inevitable accumulation of interest and
taxes between the periods when sales were
fortunately made.
So pressing were the demands upon him
for the payment of the principal and inter-
est of the existing debts according to Mr.
Sands. and for the payment of the taxes
and repairs accommodating from time to
time. and for the immediate and pressing
OUTLAWS required for the maintenance of
the children in their home exceeding a.
times his professional earnings, which earn
ings were principally devoted to those in
terests. he was from time to time Obliged
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