New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-28

cey for approval OF ndenturs. OF Isebes Yates and three
other this ease the surrogste refused p: sp
render Of the children the Society BY their other
legal guardians furnished Second That evidence
s s. SM s ss
there evidence for the nonpresentson or those
}s s Da hs
Surrogate evidently contemplated a. required e.ors sns
the indentues cOnormsbe to the Of this state
relating to the binding out Of INDECENT children laws Of
The of the Amsissn Femsle Guardian Society
, to SI Of r he
s:s,:a = s: .:s sss 8 %s:s
by THE SURROGATE: Emily b. Woodruff,
fpd ssy ds,.ss under the w & !S @o o.
= ,wo9dru as Of her late husband scns undo.
t. he sasd him and to herself s1sc9'
" 10. ": sSs9dP; filed and verified in o.: q;
third psf.on mat the tesatc me oIeSu!S ; inc
firm Of Woodruff Co., and in tho Inventory Of testatos
es,s s the value Of bic interest in that firm estimated ct
Schedule Of the executors account purports to DO
Of the estate q John g. Woodu smoun.iu. to
sesodas ana sSps Of n..s and :n item Of
received from the Of TSo@s. r. wssdss properly
Objections were nsd 70 the account the 9th of October
whss had sss
teest which John o. Woodruff had In the firm Of woodruff
John o. Woodruff In bis father, Thomas T. woodruff q
estate
lions to account made order 2h Of November
that Marcus woodruff executor as Aforesaid ss hs se.
count showing the interes. OF the said John o. Woodruff
the time of his death in the copartner'hp firm Of Woodruff
4 Co % on or before the Sd Of December
10 ts %s s
ing required to account the interest the estasor In ths
to s hands Is he states That the the
said John O. Woodruff at the time Of h death 10 the s.a
being yet nnqodaed and part thereof having come
executor to the extent specifically stated IN cneo
ue L, annexed 70 the original account"
motion thereupon made for an order to show cause
why the should not be punished Ior contempt IN
not complying with the order Of the 2sh OF November upon
which argument has been had and am now called upon 70
executor by hi. counsel insists that he has strictly and
literally complied with the terms Of the ORDER q latn No
,ts sr Of Woodruff Co. at the time Of hi.
de..hb to have been one individual third part thereof
islno Jurisdiction this Court compel sccosntng % be-
tween that being ehsnceI pweI and only 70 %
On the other hand It urged by counsel for he pe
toner that the supplements. sceoan, or shaayit evssye
obtain BY the accounts Of the executor and surviving part
ner forth by him. according 70 the manner OF stating &C.
counts betv partners full statement Of the aiets OF
the iesaor and at the Surrogate mus. treat the supple
mental affidavit refusal to account and panish
have no doubt whatever Of the competency Of the Suro
gate 10 hold executor who Is also surviving paIne IA
of the for the benefit d the estate Of the testetor which
he represents In the matter Of the estate OF Paul Lonsnots
Il Brsdords ports 1861 the Surrogate expressly asserted
that extent Jurisdiction II Is frequently necessary to e1
ercss order settle the account. Of estate and
were wanting this Court important defect In Its powers
of control over executors and administrators would exist
While however shall assert the power OF the Surrogate 70
compel of all assets Of this nature shall hrst e.
hsus regular usual for that purpose The
practice this Court has been suulmsry stated In Dayton o.
Surroeaes I'D edition. 1885, IF the petitioner has ssked
fr both an payment the proper are
Ia be had TO ascertain the correctness OF the account The
claimant NAV aege objections sgans. the account or any OF
the items thereof The executor himself and witnesses on
de be examined touching the properly or enecO
of the deceased and the disposition thereof Tnis the
practic and see why should be depart rom
aud the hssher of application Tor an attscnmens
substituted a, this stage of the proceedings go
am Of the onino that the executor this matter, By
literal and exact terms OF the order OF tho
25tb November he advised OF their meaning by his
couss has designed contempt toward the Court and
shall vacate the order to show cause. .
The executor has sworn positively that portion Of the
interest which John Woodruff had Ia his lifetime 10 the
sssets Of the late firm Woodruff Co.. has come into bic
hands as such The petitioner the objections
to hold tho executor to the nyen
tory may compel the production Of books and accounts
Of the late firm in Court 49,, =,
jecsor