New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-13

kskau % MYs. Y. A. Cunningham, Who c'sns % %
90 eyc,de,fe VIE; Msserss Ps.tyeoa and Il,den in
wa. Bnrden, . Sro,her who rss:des IN Coierels;
Ohio, Mr. Ch,.,les Ed Vuss for 3e ooLdren ?. a. tbs
BssSsb deceased bssshsI; ADD hr. = sPfl .,era OF
Preltc Admmisrstsr, who hss petaone' 70 be .fec.s
Nec.op and for or2ef TO sase e.ting forth
ssd property Of dccessed, pendent re legation, and
Ne, here 70 likely TO be ProtTsc'eaa go sf personal
has there 10 somewbs. under $so'c" W"
SsSp1 IN danger Of P' to lay the MISTER ovsr III The
n. N.nion paf vss ended. HIS time nsa o .' ~
Such occupied with thst, ms 10 N'N
Dsepsre tor iss qs,ed that he presen. TO oppose
- n.Is~s,son of the Pubic Admlnsrster ana 70 ih-
- tsst vheB letters were give 'Sey e1'u h;ds.;on
4. a reinforcement. $780,, 4. $4,000
~ Cbues Edwards wS not disposed 70 Oppose
n, C1intoas suggestion, as mater OF convenience
- b;n though regarding the property a. IN cangef OF
go .esttsrsd he thought it should be put INTO re-
Dupsibe bands 90 soon as possipieI d1e avnS M
;nst, n.or be looked upon in the nght OF Psy, anu
-. .hs.efore unwilling that letters al cott'geHdans
go ~ o,snted 10 him. TIE same rule appled
~ N DE Ease of Receivers IN Chancery, VITO coud
nsver he parties interested In .ae fCna On S.d
ovipg ont of its application: mr. LIZA r s
= standing in Court nasnucn u SHe NSA Ne0 ~ ~
nv. Clinton reioined that there was 60 great DIN
ser m delay, the personal properly
- No 81 BOND street, in charge OF the Ponce lie
Sussd consuhation among ell the psraes IN interest,
10 zee they could not agree upon 1esPohsioe P.,
SIN before Tuesday next to which dsy he d"
~ T,ldsn observed that if the pretended widow
-ved her claim. there would be Necessary Iuger
Con, o. The relstives of Dr. Harvey Burde Woaa W.
s.s her to the last He therefore deemed II proper
ssse for the appointment of special conec'2,, pie
rasd tba. il should be come one else than the fu9
Adminstrstor who was Objectionable on the ground Oh
M. Tappen replied that the Public Administrator
sppEed upaer special statute applicable TO this case
fhe sections In point are as follows Il,e ., ar.
seo. G and e X. s., p. 3O3). whenever mere snel
- snv widow or next of kin Of any ID intestse, en-
1tled 10 q dstributive share in hs estate residngln
~ CITY of New York at the time of bis de4th, the
Public Administrator, upon receiving nouce OF sueh
& shall rot have any snthoy 70 bts Md 'ao
sader from the Surrogate Of the City and County Oh
New-Y0k to take charge thereof -
Such order may be granted by the Surrogate upon
Ne application Of the Public Administrator, and upon
due proof being made TO him, by affidavit, that the
effects of the deceased in danger Of waste or en-
banassment or that for any other reason II woud DC
for the benefit Of the estate to have the same or any
part thereof seized and secured.
Mr. Tsypen went to observe that the furniture,
he, at Bond street not in The hands OF reepon-
Gble person. and that some of the stock in the Art-
sans Bank had been transferred by power OF attorney
He thought this eminenty proper case for the inter
yepion Of the Public Administrator who was far from
proposing to act adversely to any of the parties.
Mr.. Patterson saw no objection to slight delay;
but he would call attention to the fact that the rents
which fell due the let of The month in the city, New
jersey and the interior of this State should be COL
keted st snoe.
Dot to grant letters of collection to any of the contest
ing pe,ties, except by consent.
Mr.. Clinton only desired some suitable person to be
Appointed
The Surrogate asked in whose hands were the pa.
pers Of the deceased.
Mr.. THden replied that they wsre in hepossession
q the Coroner, of the Police, and were cate till the
inquest was ended.
The Surrogate observed that there seemed to be
some Interpretation as to the nature OF the sppca-
ton. A collector could be appointed only in case
litigation was pending an actual contest going 90, not
h prospect There was none yet in the present ca3e
Bsr would there be until the alleged widow prOpounded
. distinct allegation The Public Administrator takes
possession now, if at all, in pursuance Of special
erder of the Surrogate, constituting him the custodian
q the properly. he Is Its legal guardian in the in
tsrim, until collector administrator has been
appointed, TO whom be then turns it He has no
power % collect a dollar, but merely makes seiz-
parties in interest should oppose necessary step.
Mr.. Edwards thought the section in question spp!i
cable only where the next Of kin were sluggish in as
serting their rights.
The Surrogate was surprised at objections coming
Rom that side to the appointment of person to take
sAsge Of the property as custodian under the orders
of the Court.
Mr. Edwards had no objection to the Public Admin
ktrstor acting as police officer.
The Surrogate remarked that in case of collection
letters issued, but under the statute upon which the
presept application rested II was mere mandate, au
ho,izing the Public Administrator to take charge of
he property.
NJ. Clinton proposed an adjournment to Saturday at
d o'clock, TO which ali parties acceded.
BACH WILL.
In the matter Of the Win Of James Bach -
The inquiry into the competency OF james Bach 10
n.ie the Instrument which Is popoUnded - hs w appears
be drawing 70 close The proponents called tG1Ss n an
sd .Sah he S.a With the @ he
neusht him st that time sound IN mind. ,,.,.. Ii.
Nd iinsss down to the last day. He thought him zane
y OF The contestants, She never saw the girl who had hsse
ssled in s. Chamber in the presence blades
The popoI ent' then rested rs.svns the privilege Of esns
sns wso ny s eds Sen he @
winter and took him to the Hospital He thought HE sse
SUPERIOR COURT-SPEcIAL TERN-JAy. 3l.-Before
Judge DUR.
PRACrICE-NECEssARY PARTIES.
Asee Carleton Administrator &C. and snohS David ii.
Kellogg
Demurrer allowed upon the single ground that the
hfant d. X. Comstoek mentioned In the Pleading and his
psas are necessary parties the further prosecution OF the
seton since without their presence the amount for which the
interstate be determined TO conclude the in
Ant aud protect the deendAn- the other ground: Of de-
bowed 10 plaintiffs TO complaint by making the guardian
afan, parties plaintiff defendant If amendment not
made complaint e Be dismissed 'S S With sot:
SURETY ON LEAsR-AIsrkKE.
Wm Beach Lawrence, Jr sgt. VIM. l.. Heweu
The action brought for the recovery OF squsters
Ssnt amounting TO esl IS due on lease Of farm in West
chester county and which the defendant had eovuted to
TIE defense tbs, the plaintiff to induce the defendant
gn the lease surety had falsely represented TO him that
BY the the he would only be liable for the
for the term Of sx months from the commencement Of the
.s and TIA. upon the faith Of this representation ne bad
oSnet the lease without reading IL having Il read
1he cause was heard by consent with out sjury.
d there was alec Tss0ttne testimony the part Of the
Il.