, 1864-11-18
From the n. Z. Herald. Nov, ISL
sURRoGATE's COURT.

| Before Gideon J. Tucker, Surrogate.
The Surrogate's Court Was more than or
dinarily crowded yesterday By persons who
understood that Major General B. F. Butler
would appear In the case of the will of his
brother, Andrew Jackson Butler. in which he
is largely interested The case was called
when General Butler made his appearance,
and J. h. Hackctt appeared for thepropon-
ent, Benjamin F. Butler. There being no ap-
Pearance for the widow and son Of the dcced-
cnt, the witnesses Of the will were examined,
| and the Surrogate admitted it to probate.
The executor, General Butler, being non
resident of the State, Was required to give Sc
| curity. Mcssrs. Martin and Smith appeared
On behalfof certain creditors, residents Of New
Orleans. They claimcd the right to examine
The petition Of B. F. Butler stated the amount
Of the assets to the estate to be 500, Co.,
Mr. Hnekctt said that Lis client had asccr-
taincd, since the petition was presented.
tllat the amount was less, however. The
Surrogate said that BY the statute the sumo
resilient executor rs in the case Of intestacy-
VIZ: double the value Of the personal proper
ty. The proponcnt's counsel stated That Gen,
Butler WIS ready to testify with respect to
valuation. Counsel for the claimants claimed
nc right In such case to cross-examine Con.
Butler, Which the Surrogate allowed. Aeon
snltatjon then took Place between Gen. Butler
and his counsel, and the latter announced that
they waived any motion to reduce tic amount
set forth in the petition, and were ready to
otter Ter, security in the sum Of s4oo, 900. Counsel
With this, and hfr. Hackett stated that the
executor would be ready with his surcties ut
2o'clock p. n, to which time the proceedings
were then adjourned.
=, After the recess Gen. Butler again entered
the court, bringing ns surctics Edwin D. Nor
gan and Henry ]. Gardner. Both Of them
were accepted and gave security in the sum |
Of $400, 900. The viii was then admitted to
probate: The followhgis copy Of It:
na And5w fo ety b1sF % ate and
unl testament:
General Benjamin Bnel to him ana ny his hef4;
absolutely, the onc-haf part of all my estate aud
property which shall be found ut the lime Of my
dessose II that part 9f thc United sates lying east
Seeond-l giEe.and bequeath INTO my executor,
hereinafter named, in trust for the use and benefit
Of iii my personal eatate md property Which skill
be found at the time Of my deccaee IN that part Of
ne oItted staies lying east Of said ROCKY Noun.
ea The 5a s Of ~
cast Of said Rocky Mountains and hereby direct
~ faid executor and trnstee to see and dispose OF
In bequeafhcd to him In tnst and to Invest the |
proceeds thercofin such manner as to him shall |
eeem best and to keep the came Invested until my
age Of thirty years, at which time It is my will that
the Eaid trust estate. together with the nccnmu- |
lated interest thereon, be delivered, transferred
and conveyed to him and his heirs absolutely and
forever; but IN the meantime It is my will ana de-
dire and my said executor and trustee IL directed
10 pay out Of the income OF eaid trust estate go
much thereof and IN such suraa and at such times
as may be deemed necessary By mr. said executor |
md trustee. for the support Of my aad son George
Harris before he eha1 have arrived at the full ago
Of thirty years.
1nird-1 devise, give and bcqueath all the rest,
residue and remainder Of my estate Of eyerv ma
lure and description, to my WiEe Joanna /. B1t1eT,
md this devise and bequest Is intended bv me, and
s to be accepted by my said wife, In lien Of all
othef interest in my re1 estate and peruonal prp-
perty, which she otherwise would have ha5.
Fourfh-Al1 other wills heretofore made by me
Ire hereby revoked
I, t{tl1-l y nominate and appoint my brother, B.;
his my last will and 1cstsmcnt
AsDREw ]. Bur1rn.
The witnesses arc Henry G. Gardiner. Jas. r.
Alien. and Ihos. Hichardson all Of this city,
Immediately after the proceedings in the
'boTc case were concluded, the Surroeate was
erved with m attachment against thcwill
or $l5o 0o0 damages, claimed for gold seized
y him to the amount Of $4,000 III New Or
cans. The Surrogate declined to admit the |
cryice at the writ and notice, on the ground
hat, rs judicial officer, he wns not amenablo
0 it. The court then adjourned.