The Providence news. (Providence [R.I.]) 1891-1906, 1905-08-23
SEEKS THE
REMOVAL
OF TRUSTEE

There is further trouble in the rela-
Of Allen Greene, sr.. and his trustee. For
rest Greene Mr.. Smith is the son OF
Emma r. Smith and by the provisions OF
the will Of Allen Greene. sr., who died
Oct. 3, 1883 there is a considerable es-
tate held in trust for him by Forrest
Greene.
Some time ago the relations between
Smith and the trustee were aired in court
and Mr.. Smith was declared TO be entitled
TO $4,000 year. payable In monthly in
stallments In a bin in equity filed today
Mr.. Smith claims his monthly allow
ance. due August LIST. has not been paid
and that the income OF the estate is being
spent In unnecessary and extravagant
improvements on two dwelling houses.
In previous suit brought by Mr. Smith
II was declared that the respondent For
rest Greene. had declared Smith could
have no more than $500 OF the income
Mr. Smith had married and was a stu
dent at Cornell medical college OF New
York. His living was dependent on the
money that should be paid him under
the provisions OF his grandfathers will.
Frank l.. Hinckley was trustee In this
case and his findings were, save I'm very
few instances, approved by the court. One
charge made by Mr.. Smith was that two
sons Of the trustee had made unreason-
able charges for management OF the real
estate belonging TO the trust estate. The
appellate court. concerning the services
Of the trustees sons. said Their SER
vices rendered in this behalf were un-
necessary and could not have performed
by an invalid" The trustee was ordered
10 repay 10 the estate charges aggrega ting
tll2S3l and interest
Since the decision in the other case Mr..
Smith has graduated from the medical
college and secured a position at the
Rhode Island hospital, but he still needs
the income OF the estate. This fact"
he says. lis known to the trustee. and by
reason OF his hostility to the complainant
and his desire and intent I'm every way
TO cause annoyance and Inconvenience 10
the complainant he the trustee, has
sought 10 use so much OF the income
from the trust estate on repairs OF these
two houses under the semblance OF legal
right as would render II impossible 20 pay
TO the complainant each month the
amount provided to be paid by decree OF
court"
While Mr.. Smith claims there is $500
or thereabouts available 10 pay his
August allowance, the trustee says that
on July 3lst there was but balance OF
s137 65 and there have been expenses paid
since that date. This difference Is ac-
counted for by alleged, injudicious and
extravagant expenditures on the two
houses.
Another charge made is that the trustee
has wrongfully mixed the income and
principal OF the estate. AS 10 legal ex-
penses, II is asserted that while the court
limited all such expenses in the other
suit to S3253S6, the trustee spent sl7l. 30
in excess OF that sum.
Complainant further says that the
neglect, default. mismanagement and
breaches of trust OF the respondent
trustee have involved the trust estate in
large expenses, aggregsting over $4,000. UP
10 the present time. These expenses. Il
is also stated, are wholly attributable TO
the improper action OF the respondent
trustee.
The removal OF Forrest Greene as trus-
tee IL prayed for. and also that he be re-
strained from making any further exten-
sive improvements on the real estate Mr.
Smith also wants an accounting.
Judge Tanner granted a restraining
order and directed citation TO issue, re-
turnable on Aug. 26th