Evening journal., 1905-03-28
AFrERNooN sEssIoN.

AT i hiNlNOOlN OBcciON.
Anthony Higgins and Horace G.
Eastburn, counsel for James II. Hof-
fecxer, Jr., filed in the Court of Cham
Gerry yesterday afternoon an answer to
the rule issued by Chancellor Nichol-
son upon Mr. Hofecker for him to
show cause why he should not be dis
barred from practicing in chancery.
Early yesterday afternoon Mr.. Hig-
gins stated that the answer would be
filed and asked leave to file some addi-
tional afidavits today. He also asked
that Federal Judge Edward G. Brad
ford, on behalf Of Mr.. Hoffecler, be all
lowed to make his statement TO the
court orally. The applications were
lgranted.
MR.. HOFFECKER'S ANSWER.
Mr. Honecker's answer is to the ef-
feet that II there were any errors on his
part as trustee of the Teas estate they
were errors Of judgment, and not i'm
piled by any motive OF dishonesty,
fraud or personal gain. Mr.. Honecker
AYERS time and time again that he act
ed in good faith and to the best OF his
Judgment i'm an his financial transact
tions and investments for the Teas es-
tate, and most of his transactions or
dealing were with the concurrence OF a
majority Of the daughters of Mr.. Teas.
as stipulated In his will. To attest his
lbelief and good faith in some OF the in
vestments. Mr.. Honecker points out
that he invested and thereby lost some
OF his own money as well as the money
of the Teas estate
Mr.. Honecker states that he has filed
five accounts as trustee since being
lappointed trustee TO the Teas estate
I'm May. 1852. Tie says that Alexander
B. Cooper as examiner appointed by
the Chancellor. informed him on
October 8. 1904 that his report in the
matter Of The trust estate Of Joseph
Teas. deceased had been finished, and
Announcing that exceptions TO IL could
be filed by October II. Mr.. Hoffecker
, sets forth that he verbally protested
, TO Mr.. Cooper that his report as ex-
aminer was inaccurate in its state-
lment Of facts and chat It harshly and
] unjustly criticised his (Mr. Honecker's)
conduct In the administration Of said
estate and that such criticisms were
not justified by the evidence adduced
! before the said MASTER
! Mr. Honecker continues that 1t was
his expectation that after the masters
report had been filed with the Register
IN AN0nitIN AlAl ne WUNlu AItNt Nll
. opportunity T. file his exceptions and
, objections thereto. He never received
any notice OF Mr.. Cooper's report be-
! ing fled he said excepting what he
|. read I'm the newspapers on November A.
. luntll he was served with a copy Of
1 the report on December 2S by the sher-
4 Iiff. Continuing he says;
"The respondent respectfully repre-
sents. AYERS and claims that because he
. was without legal or actual notice OF
!, knowledge Of the lling Of said report
g lup to and at the time when the Cham
q lcellor made his order and decree con-
= firming the same, ascertaining the ball
lance as due from the respondent to
the benehciaries Of said trust. and or
% dering said respondent to pay tho
q same as therein set forth, the said or
der and decree is erroneous in law.
[, "That. as the respondent win hereaf-
4 ter set forth, the said report is full OF
= gross errors fact and law. 5nd con-
trary TO the truth and right, dof the
- matter; and that this responc-ut ought
y mot to be bound by the repo7dpf said
:, master or the decree Of this coL Il until
= he has had the right to except to the
y same and to be heard fully by his Wit
o lnesses in support Of such exceptions;
y, land otherwise fully 10 present MS case
according to the very fact and right OF
the matter and law of the land.
"That the respondent is advised.
n represents and claims that the proceed
IS ings taken by Elizabeth Hin Brambls
ie in this cause. upon which this order
l. and decree of the Chancellor are
rs founded. is erroneous and that the
II court was without jurisdiction Of the
l. respondent in said cause because said
proceedings we're taken by petition and
J. not by bill. rs required by the statutes
le and laws Of the State Of Delaware
oI Mr. HoneclSer then proceeds to point
d out alleged errors In the report OF Ex-
laminer Cooper He denies that his ac-
le counts were I'm such confused condi-
m ton as to be unintellgible. and AYERS
II they were intelllgible full and accurate.
le To Mr.. Cooper's assertion that the
* principal OF the estate amounted 10
'e So.32250 Mr. Honecker saws II should
e be s78.322.50 which is itemized
~ Mr.. Honecker set forth that he had
y the concurrence Of a majority OF MT.
~ Teas daughters to sell and dispose Of
Continued on Fifth Page)