The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-04

peion3ins 70 her, which
she had then mentioned to rim.
The plsintir complied with this
request and turned over 20 the
SAID J. ). p. o'erien certain ser.
uhestes % deposit ard securitle.
winch the said J. J. p. O'Brien re-
eeiNeo az trustee for the sole
purpose Of converting them into
eSsn 10 the best possible ad.ant-
age and holding and paying out
the resulting fund from time 70
time in disbursement necessary
and proper 70 be made for her de-
tense above mentioned. but not
Ter attorney fees Of the said J. !.
y. o'5rien or anyone else.
Plaintiff states that on infor.
nation and belief that the defend.
ant J. J. p. O'Brien, trustee. re
eeiNed the said trust fund. the
sum OF thtrty-seVen hundred dol
lars, as proceeds OF sale OF Ger.
tain bonds: also the PRINCIPAL
sum OF seven hundred and fifty
dollars as the proceeds OF a loan
obtained from one Glenn E. Pc
ters' IN connection with which
loan the plaintiff, In the month OF
January. 1911, pledged her Jew.
eiry.
Plaintiff AYERS upon inforra.
ton and belief that the defend.
ant, }. J. p. O'Brien, trustee. re.
eeiVed as the proceeds OF such
bonds, certificates OF deposit and
loan sum not less than five
thousand one hundred and fifty
dollars, the exact amount OF
which monies, however, the plain.
tin does not know and has not
been able 20 ascertain.
The said trust fund. or IN.
greater part thereof, was placed
by the said J. J. p. O'Brien, trus-
tee, on a checking account de.
posted at the Bank Of the Ohio
Valley, in the name Of J. J. p.
o'erien, trustee, and from said
account the said trustee from,
time 70 time made various nav.
n1ents, the total amount of,.hIeh
and the purposes Of many OF
which the plaintiff does not know.
Partial Statement
(ND The plaintiff at different
times In the course Of the year
1911, and thereafter. asked the
defendant, J. J. p. O'6rien, trus-
tee, to account TO her and settle
with her for the moneys received
by him as aforesaid for her ac-
count Such statement has never
been rendered. Plaintiff does not
yet know the total amount which
the said J. J. p. O'Brien, trustee,
received on her account, nor the
portion thereof which he paid on
her account. Plaintiff by her in
slstent efforts, and only after
threatening a suit, obtained from
the said J. J. p. O'Brien. trustee.
what he called a partial statement
Of accounts. which consisted only
Of the delivery to her Of a mum
Der OF checks which he drew on
said checking account and which
had been eashed by the respective
payees.
Dividing Up.
(VI.) Upon examining these
checks the plaintiff then for the
first time learned that the de.
PENDANT, J. ]. p. O'Brien. trustee,
on the 23d day Of November, 1910,
promptly after selling the plain
tiff's said bonds had disposed OF
nearly all Of the trust fund In his
hands by paying out OF said fund
the sum Of one thousand dollars
70 himself, one thousand dollars
20 his brother and law partner,
the defendant Frank O'Brien. one
thousand dollars to the defendant
Boyce and one thousand dollars
10 the defendant Howard.
Plaintiff says that each Of said
payments was unauthorized and
improper and constituted a breach
Of trust, and the persons receIv-
Ing the same, and the defendant
J. J. p. O'Srien, trustee. should
make good to her the said
amounts with interest.
The plaintiff has protested 70
said J. J. p. O'Brien, trustee, and
demanded explanations and a full
accounting from him, but has re-
ceiVed no satisfaction.
Mr.. Boyee Explains.
As 20 the sum paid. as aforesaid. {
he defendant. s. o. Boyce says o.
received from him tina
he said Boyce had expected to carr
ut the arrangement by which tn
.laintih's counsel were not TO receiv
ees from her. but we're TO rely upo
heir expectations OF being able q
ollect such fees from the said job
J. Schenk. and that the said Boyc
new nothing Of any other plan unit
he said J. J. r O'Brien called him .
he office Of O'Brien & O'Brien an
howed him the said four checks 20
mo thousand dollars. ready for dis
ribution 20 their said respective pas
les and that Boyce believed that m
roper course for him 10 take. In vie,
u the payment which the said tru,
eo was about 10 make 10 himself. q
he said Frank a. OBrien and to m
aid John a. Howard. was 10 take an
ccept the similar payment offered q
i'm. and 20 make such subsequent al
with the Halntin witt
eference 20 the same as might prov
o be- right and proper.
tVGD Plaintiff further says that
lumber Of checks showing payment
lade by said trustee out % said trus
und. arc drawn 10 the order Of IN
aid J J. p. O'Brien. or % the sal
rank A. O'Brien. or 20 the order OF
tenoErapher IN their Office. or 20 th
rider % Cash" or TO tho order o
ortain liquor fealers and rertauran
.eepCrs patronized by said J. J. q
lBricn, and plaintiff has. PERSONAL
nd Through her attorney. both oraIr
nd by specific written requests. askcD
he trustee TO indicate the use vhic
ra7 made of the funds represented b,
UGH doubtful or questionable checks
WIN raanarl 10 lnNnraI Ll---. thn AL