The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-11-15
THE BUTLER WILL CASE.
The VIII Of Andrew Jsckssu Batter
Its AduA1ss1On 20 PEOhAts--An Attach
menr or Ons HnMdre& ana Fifty ThOa.
sand Dollars A9atnst If-GsnerAi Hut i.
Ter In Court, Sc.
ssakoeATE's cousT.


sand Dollars AgaBnst Tt-Gsnerai hut
Ter In Court, Sc.
svekOeATE's coUsT.
Before Gideon J. Tucker, Surrogate.
The enrrogntee Court shsu ordinarily crowded
yesterday by persons who Understood thar Hr General
p. Butter would appear ins OF the viii Of his
brother Anersw Jackson Basler which he II largely
Interested Tee was ssllct when General uufler
made bis appearance, ami J. Bscaeh APPEARED for tie
prepayment, Benz u. Ea'lsr being appear
auce for the widow Apd - ave dscsdeo. tue wit
pesaes Of the Vim s.sma.c, sIs the srrogsis Ad-
ntsd 10 probate Ine e,scs,oT Gsners Hniier, being
moo res.den, o, the state T.ssirea 70 give ssca
ruy. Aessrs. Mar,io and Smith appeared seash If
certain crsdtoTe OF New Orleans They claimed
she right TO examine whether she sarstes offered we're
sufficient Toe petition o. 3. Butler stated toe smonci
Of the assets the estate 40 be 100000 Mr. hackett
said tha, his client mad Ascertained siucs the petition
presented tbst tho amount vas less however. rhs
Surrogate said that by the security
Do taken in the OF nonresident executor the
Of ntestsoyvz: double the value OF the personal
estate The prsponents eouuse! stated tbs, ceosFsi
Butler ready " iestfy with rsspect TO valust,ob.
counse, for the claimants claimed ibs right tn such
erossersmioe Geoersl Butler which tho surro
gate allowed. consultation then took place between
General Butler and his counsel and The latter
that ibey waived mutton TO REFUGE the
forth IN the petition, ready otter secnfiy
$500 900. Counsel for the els,msuts expressed h,s
salts action with tn. NJ, Hacket stated tssi
executor would he rrsdv with bic sursties al Two
O'Clock NJ, 20 which Tine the proceedings
adjourned.
Afisr the recess Gesersl Boiler sgaa entered the
court, bringing ~ ,nfetos Edwin o. Morgan
Dsury j. Gardper Both them accepted and
gave security IL the sum u Ss3c.ooo. The viii
then admitted 70 yfobsts. 70. follow Ing Is espy
OF IT.
!, Andrew Jackson Bnter, late oi California
residing In the city O. New Yo.A 40 MAKE publss snd
declare the Ioiowiu my last viii and tsstAmept
Pir,-l give oequesth unto my byothsr General
BENJAMIN T. Butler To hlm and hs heirs absolutely the
half part Of all my and property which shalt
he found iiue u,y dscsase that part
United Staies lying es.t 81 The Rocky Mountains.
Seoondi give aud neaue,,h UNTO my osecusor herein
after named t.usi tor abe aud beneht Of 500
George H. Butler, tue opeocrih par, Of all my personal
estate end property which snail be found At the time OF
decease IN that part " the Unted state lying or
lad Rocky Mountain together viii the one hall rsrl Il
all my other personal estate and property not found
east o. said Rocky nountabs snd hereby direct my
executor and trustee dspose Of for eash all
such personal estate aud property herein Disqualified 10
mauner a. to him sos seem best and 70 keep The SANS
invested until my said srn George harris, shall have
arrived =, tne age o. thirty year. =. Which time -
cumuiaed Interest thereon. be delivered transferred
and conveyed to bun aad hs heirs. sbsousiy and for
ever; but in the meantime my will and desire and
said executor aud directed 10 pay ot al
the income OF SAID estate SO much thereof and
In such and tmes may be deemed
by said executor trustee for The seaport NJ
my SAID son George Harris osfcre ne ssa have arrived
~ the full OF tnirLy years
Thd-I devise, give and beausath all the resi- residue
and remainder OF my esiase, OF every nature and
scrptton, 20 my vile JoAnos H. Butler, and this devise
and bequesi is Intended by me- ana 10 10 be acceeeo by
my said wife in lou ~ si other interest In my real
estate and persoDal pfcJey which cue ohef wss would
have bad.
FSnr,h-An ether -lns heretofore made by n. 1e
hereby revoked.
Psfh--I nominate aod sppon, my brother, r. p. But
ler 10 be tbe az trustee under this nap
will and testament. ANDREW j. BCfLrR
The Witnesses Henry q. eardinsr Jss g. Allen and
ThosL Richsrdson, oil Of ias city.
Immediately after the proceedings 10 the above
we're concluded Surrogate served with attach
ment agaos the rn fsy $780, zoo damages claimed gor
gold se,ed by bin To the Of $50 900 IN New o.
The Surrogate deuucd admit The NJ u
writ and notice. the ground that a judicial officer he
GOT swsnable 10 IL. The Court then I'd Jourpec.
Attachmsns AgAsnst General Batter.
COURT on COMMON yLsAs-cHAnBgxs.
Nov N--Son,uel and And,~s N. Smith rs. BsAjcm,n
Butler. vas sn application FOR an Attachment