Evening star., 1951-05-30
Mrs. Kelley Is Denied
Funds Held by Bank
Under Mothers Trust

Mrs. Elizabeth Moore Lyon
Kelley has lost her attempt to re-
tquire the Washington Loan 81
Trust Co. to turn over to iner about
$1,000 from a trust fund set up
by her mother. Mrs. Irene Eliza
beth Moore Lyon. 3tf <s'fstsss
Mrs. Kelley's petition was de-
MED yesterday by Judge Charles
w. Woodward in Montgomery
County Circuit Court. after the
bank said she and her husband
had refused to give up possession
of the Lyon home near Rockville.
At the same time, Judge Wood
ward deferred decision on a mo-
tion by the trust company to COM
pei Mrs. Lyons widower. DR..
James Alexander Lyon, to account
for about $165,000 which the bank
commended he had withdrawn from
joint account nearly three years
ago.
| S75O,OO0 Estate.
Mrs. Lyon. who died last Sep
tember % at her 119-acre estate,
Glenview, left an estate valued at
nearly $750,o00. including $780,
900 trust.
Her will specifies that the in
come from the trust is to go to
her daughter. The remainder Of
the estate also was left in trust to
the bank, which was named ex-
ecutor.
Mrs. Kelley has filed suit chal-
llenging the will. while her father
is seeking to obtain a one-third
share Of the estate.
David I. Abse. attorney for Mrs.
Kelley. said yesterday the bank is
violating provisions Of the trust
tby refusing to pay her the income
from the trust. He said this has
amounted to $16,700 since Mrs.
Lyons death. but that Mrs. Kel-
ley Is asking for only two-thirds
of that figure, in view Of her
fathers attempt to get one-third
of the entire estate
Fears Damage to Home.
J. Edward Burroughs. jr.. rep
resenting the bank, said the money
was being held up to determine
how much damage had been done
to the home because Of Mrs. Kel-
ley's refusal to leave.
1--WE are gravely concerned over
its condition" he told Judge
Woodward.
Mr.. Abse countered with the
contention that Mrs. Kelley was
entitled to take possession of the
home as sole beneficiary under the
trust. But Judge Woodward dis
agreed.
Mrs. Kelley" he said, "has no
justification for taking over the
house and between $4,000 and
$50. 900 Of personal property which
has been willed to the bank"
He added the court has not as
lsumed jurisdiction over the trust.
For these reasons, he said, he
could not grant the petition.
Louis Arnold. attorney for DR..
Lyon, bitterly attacked the bank S
motion for an accounting, describ-
ing it as an attempt to "embarrass
and harass my client"
Says Withdrawals Explained.
He said the joint account was
set up in 1926 and continued in
effect until January, 1949. No de-
mand for an accounting had ever
been made on DR.. Lyon during
that time, Mr.. Arnold asserted
adding that the Withdrawals hao
been explained to the bank "time
and time again"
; He also asked Judge Woodward
to grant his motion for a summary
Judgment in DR.. Lyons suit for 9
Ione-thlrd share of the estate. Blu,
Judge Woodward insisted the
property could not be sold to salts.
fy the suit until title to the lane
: could be established. And this, hi
said, could not be done until ths
! suit challenging the will is settled
With regard to the accounting
r question, Judge Woodward sug.
{ geSted that both sides eliminate
unnecessary portions of previous
testimony and submit the re.
, mainder to him for a decision
, Both Mr.. Arnold and Mrs. Bur.
roughs agreed to this procedure.