Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-04
APPEAL WON BY PRINCE
COURT SAYS PRINCESS WILL
WAS MISCONSTRUED.
De Bearn Gains Victory Against
Father-in-Law and Cotrustee.
Amount Involved, $215,0OO.

BALTIMORE, December e. Prince
Louis de Bearn ct de Chalais. son-In-
law of Mr.. Ross r. Winans. this city.
gained practically a complete victory
yesterday in the court of appeals at An
napolis against Mr.. Winans and his CO.
trustee, Gen. Ferdinand G. Latrobe, in
the matter of certain property left by
his late wife, who was Miss Beatrice
Winans.
In an opinion handed down by Judge
Schumacher the judge reverses the de-
cision of circuit court No. 2, this city,
and ordered the case remanded for fur
Their proceedings in conformity with the
opinion 1t holds that the trustees. Ross
R. Winans and Ferdinand C. Latrobe,
enormously construed the will of the
Princess de Bearn to the detriment Of
Prince de Bearn and that their relation
in a fiduciary capacity prevents them
from pleading his concurrence in their
action.
However, as the misconstruction was
held to have been in good faith and to
q certain degree their action was an
proved by the appellant, the court holds
that commissions received by Mr.. La
trobe as trustee need not be repaid and
that the costs are to be paid by the ap-
pellant.
Marriage Settlement.
The marriage between Prince de
Bearn and Miss Beatrice Winans took
place in Paris June "a. 1905. At tina.
time her father. Ross r. Winans, fixed
upon her a sum of money from which
she was to enjoy the income and Of
which she had the absolute right of dis
posal by WILL
Five days after her marriage she
LII, <,rl
to her husband and making him her
executor. November Z, 1907, Princess
de Bearn died. Shortly after her death
Prince de Bearn executed releases on
two-thirds Of the property In the inter-
est OF his children.
In bill in equity filed shortly after he
alleged that he executed the release while
in ignorance of his rights.
The opinion reciteS that it is apparent
that the appellant was entitled in his own
right to the complete control of the bonds
held by the trustees under the deed and
that their distribution by the orphans
court of Baltimore city was unwarranted.
The opinion further holds that the award
of two-thirds of such bonds to the chill
dren without his protest could not be re-
garded as a gift by him, as it is clear
that his acquiescence was only because
he wrongfully thought them to be entitled
to it,
Prince Now in Peking.
The opinion, though affirming the be-
lief of the court in the perfect good faith
of the trustees. still holds that the ap-
pellant and such trustees stood in a
fiduciary relation. and that he was en-
titled to receive from them the treatment
of a cestui que trust. Under these cir
| cumstances the court holds that no ex-
preston or communication OF the appel
liant to the trustees constituted any
waiver of his rights.
1t is apparent. the opinion says, that
the appellant placed great reliance upon
the trustees, and upon representations of
their counsel acceded to a course which
| was highly injurious to himself.
The amount involved in the suit is
| $4,000.
| Prince de Bearn is an attache Of the
French embassy in Picking, China, hav-
| ing recently gone there with his two chill
dren.