The Washington times., 1932-05-19
M'LEAN OOSTER
CASE AWAITING
COURT ACTION
Taken Under Amusement by
Justice Bailey; Counsel
Finish Arguments

Justice Jennings Bailey IN
District Supreme Court today
took under advisement the
suit brought by Mrs. Evalyn
Walsh Mclean to oust h e
estranged husband, Edward
Beale Mclean, as co-trustees
Of the John R. Mclean estate.
Testimony was completed early
and arguments Of counsel revolved
mainly about the fortunes Of
the Washington Post.
There was a tacit agreement
that the situation of the Post
was a critical factor in the ad-
ministration Of the trust.
Court Slow to Act
The court pointed out that the
trust was not merely for the
benefit of the grandchildren of
John r. Mclean, but also for
that of Mr.. Mclean himself, and
that the court would be very
slow to remove trustee appoint
ed under such conditions.
The court also pointed out that
Mr.. Mclean occupied dual
capacity: First as trustee, and
second as an officer of the Post
corporation.
Nelson Harrison, representing
Mrs. Mclean, said that the will
of his father had not designated
Mr.. Mclean as trustee but that
he had been appointed by the
court on his representation that
he could render valuable services
to the estate by reason of his
newspaper experience.
Has Abandoned Property
Harrison said that Mr.. Mclean
is in. charge Of the Post, one OF
the principal properties of the eS
tate, but that evidence had shown
that he had abandoned the news
paper properties and allowed them
to run as they pleased.
If some man with real authority
had charge of the Post, he said
it would prosper.
Mr.. Mclean is now in charge OF
the Post, he continued. and his
duties as trustee cannot be sepa'
rated from his duties to the Post
corporation.
Has Neglected Duties
Harrison said he considered this
case as much in the interest of
Mr.. Mclean as the children since
Mr.. Mclean could so neglect his
duties as to decrease the capital
value of the estate and thereby
the value of the inheritances. He
added:
"His duty Is to stay on the
job. If he as trustee permits
himself as president Of the
Washington Post to JOY ride in
Europe, he has neglected his
duties to such an extent that
he should be removed"
Major Julius I. Peyser, repre-
ensting Mr.. Mclean, said that
under the trust Mr.. Mclean is
the sole beneficiary for life.
The Post record, he said, since
1924 showed great losses even
though Mr.. Mclean had been
there. It would have been per
fectly possible for the Post cor
poration to elect new officers,
but it had not done so.
Had Kept in Touch
Peyser submitted that Mr.. Nc
Lean had kept in touch both
with the co-trustee and with the
Post. He pointed out that the
Cincinnati Enquirer had to Dor
row $1,500,0oO on the estate and
added:
"If $5OO,OOO were borrowed
to help the Washington Post
it would be a bowling success"
Peyser said he could not under
stand why Mr.. Mclean should be
deprived of his interest in the
other properties of the estate.
The method, he said, would have
been to proceed under the earlier
cause of action whereby a read
justment of Post affairs might be
had.
The only witness testifying to-
day was Mr.. John Major, who
said that for % years he had been
employed by Mr.. Mclean and the
Post. He said he had worked as
a reporter, also in the advertising
department, in the, collection de-
partment and as contact man
with Mr.. Mclean for his editors.
He said he had been employed
by Mrs. Mclean since July 90, of
last year. He had left Mr.. Nc
Leans employment and that Of
the Post shortly before that be-
cause he had instructions from
Mr.. Ira Bennett to do police re-
porting and had refused to do so.
Non, Ernhnnno Rule