Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-09-21
WILL DECIDE LATER
Court Hears Argument on
Question of Jurisdiction.
EFFORT TO GUST DANTE
Trustee States Position Regarding
the Hutchins Income.
IS ENDORSED BY THE SONS
Discussion of Question at Issue Di
verted to Cover All Legal
Steps Taken.
EFFORT TO GUST DANTE
IS ENDORSED BY THE SONS


Slp COO for the support of Stilson Hutch
ins. if Necessary. but limitation of
$1,000 Il month to Mrs. Rose Keeling
Hutchins, his wife. as directed by her
husband is the position taken by Trustee
Dante today at the hearing before Chief
Justice Clabaugh in the District Supreme
Court. The hearing was on the custer
suit brought against the trustee by Mrs.
Hutchins in her own name and as next
friend of her husband whose mental and
physical incompetency is alleged.
Attorney l.. G. Brandenburg made this
position OF the trustee clear in the course
OF his argument to the court, and stated
that both sons of Mr.. Hutchins concurred
in the trustees idea. He pointed out
that Mr.. Hutchins never intended that
his wife should have. ST. 600 a. year for pin:
money. but expected her to pay the eX
penses Of the household. which Mr..
Hutchins was unwilling should be con-
Quoted more eXtravagantly than the
amount named would justify.
Takes Matter Under Consideration.
Chief Justice Clabaugh, after hearing
an extended argument on the question of
the courts jurisdiction to entertain the
suit to remove Trustee Dante took the
matter under consideration. He will AN
uouIIce Ills declSIOn on lf1e question
jurisdiction next week.
While the chief justice attempted to
hold counsel to the jurisdictional feature
of the argument, the dissertation went
far afield and amounted practically to
recital Of all the proceedings accompany
ing the various efforts of Mrs. Hutchins
to secure an increased allowance.
Attorney Brandenburg frankly stated
to the court that the trustee doubted
the jurisdiction of the tribunal and
would be in fear of paying any bill or
INCREASED allowance to the wife in the
face of the notice served on the trustee
by the sons of the financier that he
made any such disbursement at his
peril.
Contention of the Trustee.
Counsel for the trustee. urged that
Mrs. Hutehins had an interest in the
suit filed by her adverse to the interest
of her husband, and could not therefore,
bring the proceeding as next friend.
He also dwelt at length on the alb
sence of the sons and :grandchild of
Stilson Hutchins from the bill He de-
clared they are necessary parties, and
cited authorities to sustain his posi-
ton.
As example. Mr. Brandenburg pointed
out that should Mr.. Dapte be enjoined
from paying the premiums on the life
insurance of Walter Hutchins after
receiving specific instructions to do
SO from Stilson Hutchins, the trustee
might be liable to Walter Hutchins if
the insurance lapSed.
Again the attorney explained that not
only is the trustee required to pay Mrs.
Hutchins an allowance, but similar pro-
vision is made by the letter of instruc-
the care of his sons Walter Hutchins
and Lee NJ. Hutchins. For this reason.
Mr.. Brandenburg urged, until these two
sons at least are parties the court could
not make an effective order on the trustee.
Desires of the Wife.
Attorney John c. Cuttings for the wife
disclaimed any adverse interest in the
estate which would prevent Mrs. Hutch
ms coming into court as next friend of
her husband, on a plea of his incom-
potency. He declared Mrs. Hutchins
wanted only an allowance for the main
tenance of the Hutchins household in a
manner BETTING the state in life of her
husband.
member of that household, he stated, for.
whom the husband was legally liable to
provide.
Mr.. Cuttings pointed out that the suit
did not constitute attempt to break
the trust instituted by the deed to Mr..
Dante, but sought only to remove the
trustee and carry out the provisions Of
the conveyance through an officer of the
court designated to act in the place of
Mr.. Dante.
For this reason, he urged, the parties
necessary to an attempt to set aside
or change the provisions of the trust
need not be brought into court in this
proceeding. He insisted the court had
full jurisdiction in the premises and
asked the chief justice to make a suit
able allowance to cover the expenses
of the household. including the neces-
sary personal expenses of Mrs. Rose
Keeling Hutchins.