Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-10
BELIEVED TO Be ENDANGERED
STEPS TAKEN TO DISCOVER
VALUABLE PROPERTY.
Fear That Cotton Securities, in
Hands Of Executor May Have
Been Hypothecated.

The local collectors of the estate Of Mrs.
Ellen NJ Cotton are apprehensive Of the
safety of the 100000 worth Of securities
belonging to the estate and supposed to
be In the possession Of W. ]. Bartnett,
executor Of the estate and vice president
OF the defunct California Safe Deposit and
Trust Company. They fear the securi-
ties have been hypothecated, notwith-
standing the reported statement of the
executor that the securities are intact. In
pursuance of this belief Attorneys Chas.
A. Douglas and Brainard W. Parker. the
local collectors, late last night secured
from Justice Barnard. at his home. an
York today, and there institute a search
for the securities.
Should the search result in locating any
or all of the valuable papers in the
metropolis, the courts order directs the
collectors to institute such proceedings
in the New York court as may be neces-
sary to put them in legal possession Of
such securities. Messrs. Douglas and
Parker went to New York last night to
begin the search for the valuable docu-
mentS.
Contents of the Petition.
The order of the court is based on a
petition filed yesterday In the probate
court by the collectors, in which are set
forth in detail the proceedings involving
the estate, the appointment of Mr.. Bart
nett as special administrator by the Santa
Cruz court and his filing bond of $4,000
After giving this bond in May, 1905, 1t is
alleged, Mr.. Bartnett came to this city,
and on demand received from a local trust
company stocks, bonds and other nego-
table instruments belonging to Mrs. Col
toms estate of the approximate value Of
$250,O00 These securities Mr.. Bartnett Is
said to have taken with him when he re-
turned to San Francisco.
The collectors advise the court they
have been informed that by order of the
California court Mr.. Bartnett was d.
rected to deposit all the securities with
the California Safe Deposit and Trust
Company of San Francisco, of which COM
pany he was the vice president. Novem-
Der 8 last, the court is told, the California
company became financially embarrassed
and closed its doors. Two days after de-
mand was made for the exhibition by the
officials of the trust company of the Sc
curities which the superior court of Santa
Cruz had ordered Bartnett to deposit
there. The officers OF the company, it is
averred. declined to give any direct in
formation in reference to the securities,
but the local collectors say that they are
informed that the general manager of the
safe deposit company made sworn state
ment to one of the bank commissioners Of
the state OF California that all the bonds
and other negotiable instruments depos-
tied by Bartnett with that company had
been removed and were in safe-deposit
box in the Atlantic Safe Deposit Company
of New York city. Bartnett and the presi-
dent of the California company, he said,
held keys to the box.
Further Allegations.
The petition further alleges that up to
about two months ago David F. Walker
was the president and W. ]. Bartnett a
director of the Interborough National
Bank of New York city, and that the Sc
curities were moved by Bartnett from the
California Trust Company, were hypothe-
Gated to secure loan made to the two
men named by the Interborough Bank,
and that the securities are held in the At
lantic Safe Deposit Company, the box
being controlled by the bank or by Walk
er and Bartnett.
The collectors tell the court in their
petition that unless immediate steps are
taken on behalf Of the estate to collect
and preserve the securities to the estate
they are in danger OF being lost to it.
The collectors advise immediate proceed
ings In the New York courts, and ask au-
thority of this court to institute such pro-
ceedings as may be necessary and to en-
ploy an attorney or attorneys in New
York to prosecute the claim of the estate
and to pay them out of the funds belong
ing to the estate.