The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-24
The Butler Estate.
sURROGATE'S COURT.

Before Hon. Gideon J. Tucker, Surrogate
AUGUST 23-Inre the Estate Of Andrea j. Butler, do
ceased This being the day to which the order for re-
turn of an inventory of this estate had been adjourned
General Butor the executor appeared at the open
ing of the court attended by his counsel and returned
and filed paper purporting 10 be such an inventory
The two apprasers-Messrs Theodore MARITIME and Al
gernon s. Suivan-who had boon appointed by the
Surrogate TO assist in making the inventory, also ap
peared in court and filed an affidavit with the clerk,
setting forth that they have appraised all that General
Butler had them for appaisemen but that
he had declined present exhibit to them any proper
" except what was actually within this state.
Mr. Hackett with whom was Mr.. Van Cott counsel
for General Butler addressed the Surrogate on the
question Of the completeness Of the paper
now rendered the inventory Of the personal
property of the tesator His argument was
that unless the actually within the urisdic
zion Of the court no inventory OF them could DC en-
executor TO take out testamentary letters In other
States-in Massachusetts, and in lousana-where there
are assets and inventories would have to be made In
those States II would DO burthen to the estate to
compel full inventory Of all the assets to DO made out
In every Jurisdiction in which portion OF them may
happen to be- The learned counsel cited Dayton upon
Surrogate's courts authority against compelling
the full inventory also the cases in LIST Bradfors Re
ports where partial inventory was accepted and also
the case Of Coley decided by Acting Surrogate DAILY
Surrogate Tucker said that the inventory was clearly
true and perfect inventory of all the goods chates and
credits The decisions which the counsel had cited were
undoubtedly ones for both the referred to
were cases In which the administration here had been
ancisry or subordinate and the place OF primary ad.
mnstraon and final distribution Of the estate had been
IN some other State In such case II had been held
that the inventory ed here need not include any assets
but such found here But in this case the Tesla
tor was domiciled and died In New York; this the
place of chief administration his estate and the invcn
ory must include the personal assets belonging TO It,
of whatever and wherever situated The Surro-
gate was aware that the English Ecclesiastical courts ex
ccpted property beyond the seas in cases from the
inventory the statute Of this State Is perempory,
and must be ordered to return all the assets
without exception .
Mr. Hacket ntmated that General Butler would feel
obliged to appeal from this decision
Surrogate Tucker said he would make an order that
General Butler further inventory to include all
situated In other States that the question OF his
power could be presented directly on tho appeal to the
pared and entered, after some conversation
General Butler through his counsel then gave notice
OF appeal and filed his bond with two sureties In the
penalty directed by statute Thus the proceeding ter
inmates for the present in the Surrogae's Court.
The inventory, filed by General Butler, and which
only includes such property Is In this city, foots up
only $4,000
General Butler appeared TO be in excellent health.
He wore citizens clothes and made attempt 10 address
the Court leaving that duty to his able counsel At the
conclusion Of session. having succeeded in removing
the trial from Surrogate fuckers Court 10 the Supreme
Courf he appeared somewhat relieved, and left the
promises with his counsel, evidently in q very good
humor