Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-09-15
Mrs. Hutchins Wants New
Trustee for Husbands Cash.
FILES CHARGES IN COURT
Alleged Misrepresentation of Finan.
cial Condition of Estate.
OTHER ACCUSATIONS +, MADE
Suit Follows Failure to Secure
Courts Order for $4,000
Monthly Allowance.

The promised surprise In the Sttson
Hutchins case vas sprung today. Justice
Gould having declined to take up. in va
cation, the hearing of the petition OF Mrs
Hutchins for an order on Trustee Dante
to pay her the allowance Of s.. 200 month
| " recommended by Auditor Dent. ,,rs.
Hutchns filed suit. as next friend Of her
| husband. for the removal of Mr.. Dante
and the substitution of another trustee
| for the estate OF Stison Hutchins. val
ued at S3,0nO,OoO.
| Justice Gould has declined to grant an
| immediate allowance to Mrs. Hutchins.
and issued a rule Trustee Dante to
! show cause next Tuesday why such an
| allowance should net be made
/ Misrepresentation Of the financial CON-
dition of the estate and violations of the
| terms of the deed under which he holds
| title to the Hutchins millions are alleged
| against Mr.. Dante. Mrs Hutchins de-
| clares the trust provisions required Will
| liam j. Dante to hold the estate OF Still
son Hutchins until the latter's death and
| turn same over to the executors of Mr.
/ Hutchns. The alleged violation of this
| provision. ii is charged. consisted In the
transfer to Lee Hutchns of .25 shares of
the stock of the V. G.. Fischer Art Com
pany. valued at 5000 and 1i5 shares OF
the Columbia Peanut Company, estimated
| at S7O0O.
| Mrs Hutchins says the trustee reported
in statement to her husband that the
| fncumbrance on a portion of the real
estate owned by him was only $lJ0.00D,
but in later statement before Auditor
Dent increased the incumbrance to $780,
600.
/ To Establish Jurisdiction.
BY means of the new suit counsel for
| Mrs. Hutchins expect TO overcome the
| objection that the court Is without juris-
diction to decree an allowance to Mrs.
Hutchins under the old proceedings To
cure this defect. inasmuch as ii relates
to the maintenance of the wife. the court
| Is asked, in the new suit, to direct an
| allowance for both Stilson Hutchins and
his wife while the court is considering
the request for the removal of the truss
tee.
Declining to pass Judgment on the re-
| quest of Mrs. Hutchins that Trustee
Dante relieve her pressing financial needs.
Justice Gould proceeded to give what he
called "paternal advice" to Trustee
Dante. He advised all parties to declare
an .'armistice,' pending the determine
ton of the litigation. and suggested to the
trustee that he need have no fear that the
Equity Court would fail to protect him IL
he advanced money to meet the living ex-
penses and requirements OF Mr.. Hutch
ms household, according TO the latters
financial standing. The court also sug-
|
hand the trustee should liquidate the
claims of creditors.
Following the courts suggestion for an
armistice. Attorneys Cuttings and Cham
berlin, for Mrs. Hutchns. approached
Trustee Dante and the latter's attorney.
f. c. Brandenburg, in the corridor OF the
courthouse with proposition that tenn
iporary allowance of S2W0 monthly be
granted Mrs Hutchins pending litiga-
ton.
Proposition Rejected.
Mr. Dante's counsel declined to enter
Itain the proposition. until the court would
take jurisdiction Of the case. which right
iof the court has been questioned by WaE
ter S. Hutchins. son of the financier.
| In the face of a notice to Mr. Dante
from both sons of Stilson Hutchins to
hold the trustee personally liable. Mr..
Brandenburg declared he could not see
his way clear to advise his client TO
exceed the limitation placed on the trus-
tee by the deed in trust executed by both
Mr. and Mrs. Hutchins.
Failing to effect a compromise or
armistice, Attorneys Cuttings Cham
berlin proceeded to file suit against
the trustee, alleging misrepresentations
by the trustee of the condition of the
estate and so-called violation of his
| trust.
Mental Condition of Husband Cited.
Mrs. Hutchins alleges as reason for
|instituting proceedings in her husbands
| stead as next friend that he is mentally
and physically incompetent to transact
i any business whatever. She also joins
in the suit in her own right as his wife
and entitled to maintenance out of his
estate In conformity with her husbands
i financial condition.
After setting forth the terms of the deed
in trust requiring the Hutchins estate to
be held intact until the death of Stilson
| Hutchins and the circumstances sur
rounding the making Of the deed. Mrs.
| Hutchins, In her new suit, details the
| proceedings had in the lunacy case
brousht against her husband and the rec
| ord of events growing out of the applica-
| tfon of Trustee Dante to seek the aid or
the court in the administrator oi No
trust
tion for an increased allowance, Mrs.
| Hutchins says, contained statements re-
garding the income from the estate Wnich
she characteriZes as untrue. Mrs. Hutcn-
ins also attacks the right OF the trustee
to paw off certain membranes which
she claims are not primary Obligations OF
| her husband and for which his personal
estate Is not liable in law.
Expenditures Without Leave Alleged
Another charge made against the trus-
tee is that although he has attempted
to place his trust under the guidance OF
the court he has proceeded to make ex-
ipenditures without asking leave OF that
tribunal Large sums of money have
been thus expended, Mrs. Hutchins says.
from the income Of the estate In unneces-
sary and extravagant repairs. The trus-
| tee Is also declared to have made pay
ments since January 1. 1911, to persons
to whom he had no written authority to
make payment.
| Among the latter payments. Mrs.
| Hutchins states on information and be-
| lief, are premiums on the life insurance
| of the son, Walter Hutchins.