The Washington herald., 1914-10-09
court NAY TIE
UP BIGESTATE
VIII Of Realty Agent, Filed for
Probate, Not to Affect
Legislation.
STAFFORD TO SIGN ORDER
Charles Early's Estate and James H.
hampton Must Make Restitution
to Former Client.

After the filing Of the will Of Charles
Early, a Washington real estate agent,
for probate yesterday, it was announced
at the District Supreme Court that next
Wednesday Justice Stafford will sign an
order referring the papers in an old
litigation against the testator and his
business partner, James ]. hampton, al
Ieging fraudulent transactions, to the
court auditor to state an account be-
tween the firm and a former client, Miss
Margaret c. Sands.
The settlement OF the Early estate,
which Is believed to be large, will have
to be postponed until the litigation is
finally ended, 1t was stated. The value
Of the estate is not indicated in the
will, but from the provisions it is in
ferred that it is very large. One item
provides, upon certain contingencies, for
the erection at Lynchburg, Va, Of q
hospital or home for white children suf-
fering from incurable diseases. Realiza-
ton Of this may be made impossible
through the diminution of the estate
as the outcome of the litigation.
Justice StaHOrd's Opinion.
In an opinion filed by Justice Stafford
it is held that Early and hampton, by
Misrepresentation and concealments,"
defrauded Miss Sands out of rents from
apartments and dwellings belonging to
her estate In the opinion the court also
DEGREES that on account of their malad-
ninistration of her estate they are to re-
celve no commission whatsver for their
work, ana that upon all money found by
the auditor to be due from them to their
former client they mast pay her COM
pound interest at the full legal rate. per
cent
In her bin Of complaint, filed in the
spring Of 1908, Miss Sands recites that
she called upon the defendants and Of
fered to leave certain collections of rents
to them in order that she might take q
European trip. She says they persuaded
her to leave all her affairs in their hands,
saying it would be advantageous to her.
Further, that she was persuaded to sign
a contract assigning the rents themselves
to the defendants.
While in Europe, Miss Sands alleges,
she received a promissory note with the
amount left blank and with a request
from Early and hampton that she return
it with her signature. Having implicit
confidence in her agents, she says, she
did not hesitate to comply. She alleges
they filled in the amount and discounted
the note.
Violation of Law.
justice nGlQ lndl lnS O6IenO-
ants had sold or exchanged her proper
ties, representing her on one side and the
purchasers on the other. which the court
says Is in violation Of law.
There probably will be an appeal from
the decree to be signed Wednesday. The
sum Justice Stafford found TO be due the
plaintiff from the defendants is 81, ,096,
which, with compound interest, il is said, |
will amount to approximately $4,000. 1t
is said this sum does not include rents |
and other funds claimed to be due from |
them. and which it will be left to the |
auditor to calculate.
The Early will gives to his wife, Annie |
A. Early, the. residence property at |
Roanoke, Va, now occupied by their |
daughter, Mrs. Ronald Randolph Fairfax |
The wife and the National Savings and |
Trust Company Of this city are appointed |
trustees to invest the funds of the estate |
and pay the net income from the whole |
90 per cent to the wife and the remaining /
40 per cent to the daughter. 1t is further
provided that at the death Of the wife
the whole shall be paid to the daughter,
but that should the daughter die before
the mother, the home for incurables shall
as the Early Fielding Memorial Home for
Lncurable Children The control Of the in
if 1t materializes, is TO be vested
in the municipal authorities of Lynch
burg, but the trustees Of the estate are
to be authorized to take such part in
the management as may be deemed prop
er and necessary"
The will was executed February 19 last