The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-03

ter mentoned I'd 2o6S shares OF the Pho Ar,x p.rr
on The aSh Of August transferred asrss s"se,
the power that the said power Of Attorney bears
sss on sy ,ns sas 70 be
informed and believes that the oa il now mend
ing before the Surrogate whether a said Henry Parish
from the date Of his said attack paralvsis vossesse
sufficient mental and physical po ser 70 make legal will
and testament and that the So mo Question "a Involved
as 70 hls competency 70 max valid power Of ator
ney or to transact business make vOluatary gifts
That while your petitioner as no personal on
the subject hes info the said testator was in
competent to perform aeA acts and deems to be his
duty collector Of ne said estate TO collect aad hold
all the securities and property which after the date of
said attack Of para ISIS arose or were accu from
or by The fuads sscs of the said Henry Parish and
10 contest the vady Of all transactions dverting the
same from his estate That your petitioner Is inform
ed and believes o the stock and securities thu
by Mrs arh aforesaid an item Of $50 shares the
Pacific Mail Steamship Company SIS 600 thar the
OF said company standing in her go shares Of
which she transferred 80 shares 70 Davis Brooks Co.,
= informed n and believes .0IG a a your petitioner
also purchased with the funds OF the testator
and belong TO his estate; and your petitioner has
demanded from Mrs. Parish return of the or the
payment Of the par value thereof and has received
answer That, as your petitioner is informed and be
eves the estate of the said testaor, at the date Of his
attack consisted of the part Of personal estate in
vested in stocks bonds and bills receivable maturing at
various dates that that time he was indebted on two
promssory notes TO the amount OF 500 O00 that by re
cepts from his Ct tate, collected by the aid Of former
partner Of large responsibility, the said notes were
ing Information has been given TO the co ctor Of which
he has been charged to take notice, and which, he has
been informed sustained by evidence before the Sur
rogate in this case viz-From the date last mentioned
TO the day of the death Of the estator the said NJ
Parish assumed to manage his estate and his
business and rceived all the OF his estate
that Immediately thereafter, and in the month Of June
1850, and from thence TO the day of his death, she
collected large sums Of money amounting TO $500 0O0
or thereabous, and made Investments thereof either
her own name or in securities transferable by delivery
in no instance making Investments in the name of
the testaor that the stocks and securities abovemen-
toned, as retained by her, made in the manner
and under the circumstances above stated out of and
from the Of his estste and that the said
tor not from the date Of his attack the day of his
DEATH in sound mind or capable OF managing his es-
tate or could or did give any valid assent TO the trans
fer OF said stocks and securities to the said Susan NJ
Parish; and your petitioner deems 1t TO be his duty,
collector Of said estate TO contest the validity of such
transactions, by which the said diverted
from his estate And your petitioner states that uuder
his order Of appointment being restricted from
mencing any suits without the consent Of the Surrogate,
and being required TO pay the said Susan NJ Parish
an annual allowance OF $4, 900 in quarterly pay
ments, he requests to be permitted TO take such
legal proceedings for the recovery of the stocks and
securities retained as Aforesaid, amounting to the
Of S42s 9l2 35, thereabouts and he also asks the
direction OF the Surrogate whether the said annual allow
ance shall be made so long the said stocks and secur
ties continue to be retained. WILLIAM KENT.
City and county Of New York, S.:
William Kent, the person described in the foregoing
petition being sworn, says that he has read the same
own knowledge, except TO the matters therein stated
TO be on his information and belief and TO those mat
tiers he believes 1t 10 be true. WILLIAM KENT.
Sworn this 9th of june 1856, before me.
WV. CuRRIE Commissioner OF Deeds
Mr.. Evars, behalf of Mrs Parish, read affidavit
claiming the $42s el2 IS as gifts made TO her by Mr.
was heard from counsel both Sides and decision
reserved.
The testimony of Dr. Delaneld and Rev. DR. Taylor on
the part Of Mrs. Parish will be published in due course