Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-18
TRUSTEE RETAINED
JUSTICE ANDERsoN'S ORDER IN
PROCEEDINGS FOR INJUNCTION.
Cause of Henrietta Sands Andersop
Against Francis P. B. Sands
Referred to Auditor.

Justice Anderson, in Equity Court No. ].
In announcing his decision, briefly referred
to in The Star of yesterday. in connection
with the proceedings for injunction and the
appointment. of a receiver. instituted by Mrs.
Henrietta Sands Anderson, wife of Captain
Anderson. 18th United States Cavalry. against
her father, Mr.. Francis +. b. Sands of the
local bar. affecting the estate left by her
mother, declined to appoint receiver ana
refused to remove Mr.. Sands as trustee OF
the estate. Justice Anderson however, de-
cided to refer the cause to the auditor OF
the court, with direction to make an ac-
counting to the several pieces of property
that have come into Mr.. Sands possession
as trustee of his wife's estate. the account
ing to show the particular parcels sold or
mortgaged and when they We're disposed OF
or encountered, the amount realized there
from and how 1t was applied. as well as the
existing debts owing by the estate. so lar
as the rents and profits are concerned, the
court held, Mrs. Anderson Is not entitled 10
an accounting. because they belong exciu-
sively to Mr. Sands, the life tenant OF the
estate.
In no view of the case, as Justice Ander.
son interpreted the will of the deceased
could the court remove Mr.. Sands as tus.
fee for the simple reason that the Judgment
and discretion reposed in him by the testa-
trix is so personal in its character that IL
cannot be exercised by another.
Left to Trustees Judgment.
Further, the court said that by the terms
of the will. the times and the occasion for
the disposition of this real estate by tho
trustee, either for the benefit Of the estate
or the children, Is left wholly and solely 10
the personal Judgment and discretion OF
Mr. Sands. and, under the authority of the
decided cases and the best text writers upon
= y nf
erless to substitute the judgment and dis
erection of stranger for that OF the person
thus chosen by the teStatrix because or ner
knowledge of and confidence In MN. But
although the court Is without power TO thus
remove the trustee. it is not without power
to require him to make full discovery touch-
ing the receipt and application or the pro-
ceeds of the sales of real estate MADE Dy
him. and of mortgages placed thereon. ana
also touching all existing debts, and to re-
uuire him to make good TO the estate any
misappropriation, If any there be. Of the
fund. and to enforce its order IL necessary
by sequestration and sale of his life estate.
Further the court held that Mr.. Sands,
under the powers conferred upon him by
the will, had a right to sell or mortgage the
real estate, so long he exercised that
power for the benefit of the estate or the
children, and that unless the complainant
was able to show that Mr.. Sands misappro-
priated the funds thus derived no injury
| could result to the remaindermen, who are
| the children of Mr.. Sands.
Not Supported by Evidence.
According to Justice Anderson, there was
| no proof of permissive waste, and had ap-
plication been made by Mr.. Sands in adj
vance for authority to make the invest
| ments complained of by Mrs. Anderson,
| and provided they were made to appear to
| be to the interest of the estate or the chill
| dren, such authority could not have been
| refused by the court on the ground that the
will did not authorize them.
Mr. Sands is represented by Attorneys r.
| Ross Perry & Son. and Mrs. Anderson by