Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-06
SUIT FOR ACCOUNTING
HEIRS OF BENZ. K. PLAIN 1NST1-
TUTE PROCEEDINGS.
Washington Loan and Trust Company,
Trustee, Thomas E. Waggaman
and Others, Defendants.

Sue Plain, Charlotte Plain Mum and
Susie B. Plain Martin, children and only
heirs at law and next of kin Of the late
Benjamin K. Plain, and the only bene-
fciaries named in his will. today instituted
proceedings in equity in the District SUI
preme Court against the Washington Loan
and Trust Company, which is sued as trus-
tee of the estate of Benjamin X. Plain.
The compliments ask that the defendant
be reqired to account to them for the sum
of 100000 and interest, less the sum OF
81, 900.
It Is explained that in 1887 one Fannie A.
Moore conveyed certain parcels of real es-
tate to Thomas E. Waggaman and John
Ridout, in trust, in accordance with an
agreement signed by Thomas E: Wagga-
man, John 3. Waggaman and Henry P.
Waggaman, who, 1t is declared, We're the
real beneficial owners of the real estate,
the title in fee thereto having been vested
in Fannie A. Moore for the convenience of
the three named Waggamans. The real
estate in question included the tract known
as ''Woodley," the Clark tract and the
Warder tract
Allegations Made.
The court Is informed that by two sep
arate agreements, executed by John F.
Waggaman in 1887. there was assigned to
Benjamin K. Plain an undivided two
E. Waggaman and John Ridout under the
deeds to them from Fannie A. Moore. The
compliments add that July 10, 1889, Ben
jamin X. Plain sold all his interest in the
real estate to Henry P. Waggaman for
STE, O0O He received in payment therefor
10000 in cash and four promissory notes
By certain payments the total Indebtedness
was reduced to S12O,OOO.
1t is set forth that July 13, 1888 Benjamin
E Plain borrowed from the Washington
Loan and Trust Company $4,000. giving his
promissOry note for the same and deliver
ing to the company three notes of Henry
P. Waggaman amounting to $4,000 as col
lateral security for the payment Of the de-
mand note of $4,000.
Benjamin K. Plain died July 10. 1898,
leaving a will under which the Washington
Loan and Trust Company was named ex-
ecutor. Letters testamentary were duly
issued to the company.
Alleged Neglect of Duty.
The compliments charge that the de-
PENDANT neglected It's duty. in that it took
no steps to collect the notes. to preserve or
enforce the security or to prevent the in
cumbrance or the sale of the real estate in
question, to the prejudice of the Plain es-
tate.
1t is averred that such neglect continued
for more than eleven years, and that, in the
meantime Thomas E. Waggaman and John
Ridout placed membranes upon the prop
erty aggregating more than 81 200 900. Fur
Their, the compliments say that by the
terms of the will of Benjamin X. Plain the
defendant was required to sell all his es-
tate and to distribute it's proceeds, but a
discretion was given to the company by the
will to invest and re-invest the estate. The
charge is made that by exercising such dis
erection and electing to retain the notes.
without collecting the same and distribut-
ing the proceeds, the defendant is charge
able as though it had originally made the
investment as well as for it's alleged neg
lect in not collecting the notes.
Attorney William G. Johnson represents
the compliments.