Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-01-19
DELANEY CAN COME BACK
He Gets into Powell Woodbury.
Miller-Levin Game.
Brings Suit In Chanccry TOT u" AZ
counting of Trusteeship of His
Estate--Pnpers Probably Ser
we'd To-day at Montpelier.

| When the rays Of the morning sun os-
culate the dome OF the State House at
| Montpelier no warning voice Will shout |
with the dawn to Senator Max Il
Powell. 10. the Philistines be upon
theer' But they be, Just the same. Yes
terday a bin Of complaint in which
George NJ. Delaney appears as orator
was placed in the hands Of Sheriff AL
len for service on Mr.. Powell.
The bill demands q full and complete
accounting of Mr.. Powelrs stewardship
Of the Hotel burlington property. 1t
doesn't make any difference. according
TO the bill, whether Mr.. Powell as trus-
! toe has increased the talent intrusted to
him tenfold or whether he has buried 1T
In the earth In a napkin. lie must tell
the court all about It,
Mr. Powelrs law suits are spring
ing up with the rapidity and promis-
Guilty Of mushrooms. Some of them
he starts himself and some are started
for him. without his knowledge or
! consent He now has three suits
against the Woodburys in county
! court there Is one pending against
him which was brought by S. H. Mill
err for his services n connection with
the auction last June OF the Hotel
, Rurlington property, one was threat
ened somo time since by P. a. Levin
OF lie st Paul street in connection
with tho building of the new Bur
lington block, and now Mr.. Delaney
steps into the ring ready for a scrlm-
mage.
The pages Of the complaint. II
placed end to end. would reach almost
from Burlington TO Montpelier, and
the things averred and said and shown
by the orator cover every one OF the
many interesting situations that have
arisen in connection with the Hotel
Burlington property since the fire
year ago. Tho concluding pages con-
tain the orators prayer that the de-
PENDANT be required to render an ac-
counting to a court OF chancery.
A full and true and final accounting Of
MIR. Powells management Of Mr.. De-
lanev's property. both real and personal,
and Of his trusteeship Is demanded This
includes an counting for the sale OF
intoxicating liquors at the Hotel Bur
lnEton bar from the time Of the fire in
January. 1910, to the expiration OF tho
license My ! Of tire same year.
Mr. Dell no" asks for an accounting Of
all rents and monies received in con-
nection with the rrorerty to the day Of
accounting which includes rents receiv-
ed from the hlCck erected by Mr. Powell
on the old site. Tho orator further asks
that he be permitted to redeem the real
and personal property by the payment
of the fun amount Of his indebtedness
and tho defendants lawful expenses of
administration
In short, Mr.. Delaney wants to have
the trusteeship terminated and che
whole matter cleared up This would
include accounting for matter Of
$4,000 Insurance claims. said to have
hecn collected by the trustee after the
fire.
But in case this relief is not given
by the court. Mr. Delaney asks that
Mr.. Powell he required to account for
The property at the price OF $4,000.
the sum said to have been offered by
the Woodburys in redemption of the
. same and that he he required 10 pay
Mr.. Delaney the difference between
that amount and the lafter's Indebted
ness at the time the offer was made.
II is also asked that Mr. Powell con
vey to Mr.. Delaney the Hotel Rurling-
ton barn property on the east side Of
. st. Paul street below Main.
, The bill says that in May. l9o9, Mr..
, Powell became trustee Of Mr. Delan-
, eys estate being in possession OF a
, number of mortgages on the Hotel
burlington property. From that time
Nv Powell took complete charge OF
the hotel business.
on March 8. 1910 Mr. Delaney gave
,, r f. Brown an option for sixty days on
the hotel property, The price named IN
the option was $4,000. On he same day
MI Brown executed an assignment OF
the option to c. l., and f. p. Woodbury.
ard on March Il Mr.. Delaney gave the
+ Woodburys a qu!t-claim deed OF all his
interest in the property.
The Woodburys thereby having ac-
quired the right to redeem the property,
according 10 the bill. rendered to Mr.
Powell payment of all the Indebtedness
: of MI Delaney. The defendant, says
Q the bill, "wrongfully refused to make All
I accounting" and refused to permit the
j owners Of Mr., Deaney's equity to re-
deem it.
0 When the option expired the Wood
burys give TO Mr.. Delaney n Quit-clain
+ deed of their right in the property. The
[ bill says that 1t was understood between
II the orator and the defendant at the
E time OF the execution Of the trust deco
Il that the defendant, Mr.. Powell, had II
, his hands for collection the larger par
"a OF the claims against Mr.. Delaney and
that he desired 10 write the fire insur
= ance for the property, and that In con
l., slderation OF these facts Mr. Powell wa
/; to manage the property for a year with
10 out receiving airy compensation for hi
Pc services other than what ne might Ze
.r from the creditors and the writings o.
ia the insurance.
, The bill says that Mr.. Delaney believe.
that his Indebtedness over and abov,
l. the $500 Insurance AT tho time tn,
- WoodburYs offered 10 redeem the prop
, srty was less than $1,000. Mr.. Powell Il
, accused of frRuduentlv and unlawful!
trying to obtain tho title to the propert!
through the sale at public auction to 8
II. Miller last juno. 1t ia also said tina
he refuses TO account for his trusteeshil
and claims TO be the sole owner Of tn
n property 10y virtue OF the sale to Miller
is Nj. Delaney AYERS that Mr. Powell
n purchased the American House site an
IN began the erection OF a new hotel 10
f. the express purpose OF deprecating tn
O. value of the Hotel burlington propert
d. and In violation OF his duty as trustet
ID The orator further gays that Mr.. Powe
is taking advantage of his, Delaney,
:" poverty and i'll health to coerce him int
a. an unjust settlement Of his claims.
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