Page:Federal Reporter, 1st Series, Volume 4.djvu/690

 67ô< fKDEBali BEPOBTEB. �beneficiaries ; anfl the object of the present litigation Î3 to reeover of the representative of Frederick Marx the scaled value of the confederate money he received in 1864, or ohiefly in that year, and which he expended in the purchase of the confederate bonds which have been refused by some of the beneficiaries of the will of Samuel Marx. The suit was brought by Harriet M. Etting, who became sui juris on the death of her husband in 1870. It was brought in Pebruary, 1877, and those of the other beneficiaries who have been dis- posed to join in the litigation have corne in by petition. The controversy is chiefly in regard to the confederate bonds. A smaller matter, also in controversy, is that presented by the petition of Moses Myers, for whom Frederick Marx made a deposit of $3,004 in the Bank of Virginia at Eichmond on May 6, 1863, Myers being then in the federal lines, and not having notice of the deposit at the time, nor at any time before April, 1865, when it became worthless by the insolv- ency of the bank. �Frederick Marx was married in 1874, and died in the be- ginning of 1877, shortly before the filing of Mrs. Etting's bill, He left debts to the amount of $5,200, contracted, I believe, within a few years before his death ; none of which could be paid if the claims of the complainant and petition- ers in this litigation were sustained by the court. �Harriet M. Etting became sui juris, as before stated, in 1870. In March, 1869, during her coverture, her son, Frank M. Etting, who was then an adult, was substituted, on her own prayer, for Edward Mayo, as her trustee, by decree of the circuit court of Eichmond, as before mentioned. Very soon after the appointment of Frank M. Etting as suoh trustee ail the securities which Edward Mayo held for Mrs. Etting, which had been turned over by Frederick Marx in November, 1864, were turned over to Etting by Mayo, and were ail received, except the confederate bonds. �In a letter of June 18, 1869, occupied almost exclusively with statements and inquiries about the stocks and bonds which had been forwarded to him by Mayo, Frank M. Etting wrote to Edward Mayo, on one point, as follows : ����