The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-15

statute empowered the Surrogate grant LISTERS OF sa
xuye 70 she Public Admlnlstratos and that this was
proper and necessary occasion Tor the use Of tina,
power The widow OF Dr. Burdeu, said he
viii Gle her petition In . short tins for is,
ters OF adminss asaon, and ! VII do aolhinx tia,
can compromise her rights In that Tine have been q
busy In attending TO other business for my client that
have not been able 70 present her petition this morning
but intend 70 do In time. In the meantime Is nsoss
safy 70 have some ono 70 take Of the assets Of DR.
police may leave NE premises No. 81 Bond sssss 4 an
une and there WI be responsible person 20 LOOK a.
Mr.. Edwards, counsel for the children Of John Burdsl
cannot present. your Hoaof please, recognise any
Mrs BurdeI, and think my fead here has no standing
widow Of the deceased having he FIRST light Of letters
administration upon the estate Of deceased think u
thai ass,Ip, suaon ,. sr0ush. IN should DO dons
Win come plainly before you, and then e VIII Be- the
proper time for the question to be decided by you he
usa IN before you had supposed TIA. be would hsvs
been able to bring In that petition today.
Mr. Cnton-I shall sdvise my client TO put in hsr Pc
undoubtedly do 1T
Mr. Paterson counsel for wn BurdeiThis 10 the hrst
would erDs In pstlsion and Ole Il Az the matter now
stands there being no petition before your honor show
ing THAT There going to be litigation and ~ there
petition before you nom the next OF kin, cannot soc
why !, would not be right for you to gral ~ petition.
Public AominissratOr-It u very evdsU u your honor
that the petition Of the Public Administrator q just and
very necessary that person should take charge
Of the dun rg the litigation which oil acknowledge
must fellow The Public Administrator should step in and
take charge OF ns property soon - the roner gives
up possession Of the premises No 81 Boad street This 10
power given 70 the Public Administrator by tue statute
Public Admins power to call persons into court
testify to the possession the whereabouts Of any
property they may know Of belonging TO the deceAsed
and any Of it 10 secreed your honor can issue
Date 10 take possession Of IT, This might also greatly aid
in discovering the criminal parties they should have
Mr.. Tiiden-n seems 70 me quite Indispensable that
your honor should take action upon this case this
morning Az came down town called upon the DO:
putty Coroner snd asked him when the Inquest would
terminate he did not know precisely, but thought II
would be 70 day Under these Circumstances IL 10 highly
for the custody Of The papers aad ELECTS OF the deceas
1t III merely question before your Honor WHISTLER
you ,n. appoint n ho On pns or grant
judgment The time bas no, come for granting letters OF
administration then 1t IL almost indispensable that COL.
matter at last meetag thu. az resmcnt might be
made t has been correctly stated that no agreement has
surrogse-I suppose It is entirely competen. q. any
time 10 appoint collector for an estate, whom
in my judgment there going to DO . long
legal iDtimason that there TO be any delay have
right In my judicial action 10 take into confederation
hearsays But independent OF that am we'll aware that
the Public Administrator has larger powers than
common collector. can readily see how that In
this case his appointment might be Of great use,
don't see, therefore, but what the best thing to be
done this put the into The hands OF the
Public Admnisuaor not ~ collector, but In rdAnoe
with the statute 10 seize and hold hs property 10 the
necessary when ID considered that thtre will
be no who has any charge over IT, There should
be legal custodian for it, and decide 10 give direction
that the Public Aontraor seize and hold possession Of
the estaie Of DR. BuYden until administrator ap
poii ted for the estate.
The Gaze then ADJOURNED TIL IL O'Clock A, NJ,
next Wednesday The Surrogate directed thai Mr.. Cin
ton should then ne the petition OF Mrs Cunningham, and
Surrogate also directed hst In the meantime the Pub
he Administrator should examine the papers OF Dr. Bar
dell that the brothers OF the ceased and thar
Gel should be at the time, and thAAn inventory
should be taken Of all the papers, efec u, 90.
THE sURRo6ATE's ORDER FOR THE PUBLIC ADMIN
IsTRAToR TO SEIZE AND HOLD THE ESTATE OF
HARVEY BURDELL.
Al. surrossses Court, held In and for The county Of
New York, a, the surrogses once, In the city OF New
sand eight hundred and tiny seven,
Present A. W. Bradford Eco, Surrogate.
In The Aat,r Of the Eaate Of Harvey BurdeU de.
ceased-The application Of Charles A. Nay, Public Ad.
Of this court for authority to take charge Of the ELECTS
and properly Of the deceased, having this DAY como
70 be heard, and Charles Edwards ESQ, Samuel J.
Iiden, ESQ. Henry l.. Clinton, Eco, and John 8.
Paterson, ESQ., having appeared on behalf OF the 70.
specive Parties in interest and having been heard in
behalf Of the Public Administrator; and Il appearing 70
the Court that would be for the benefit OF the estate
have the effects and property Of the deceascd seized and
secured, II u ordered that the Public Administrator
be- and he 10 hereby vested with authority 70 seize
and take charge Of the property and effects Of said
and until the further order Of the Court
A. W BRADFORD, Surrogate.