The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-29

absence Of the original executor Edwin Conn. and
finally BY reason OF his discharge trustee under the
win Of Thomas wynne, who died in the city Of Brook
lyn February 1851, the management and care or said
estats-worth about seventy Thousand doars-devoyed
upon the other Of said executors Francis vn,on 1t
claimed that various items In the accountngs are with
out auhontyof law, and that said Francis ynlon
entitled to the same and that the passed
her absence and that up January g. 1865 she was
miner she asks that said accounts DO reopeued and
and the said executor and trustee Francis
money! or that such further directions be made in the
premises shall be just
schedule is appended containing Two nundrea ana
81 COS So Among these items the largest are the io-
lowing: ,,s,
the estate from september J, 1885, 70 september l.
1857 al $40 per annum-$2s0"
'.one hundred days spent in attending TO the invest
mens and Of the funds, At - per diem
$500"
1852 So which would be upon an income Of ~ 900 per
annum. Actual income $4,s79 IL; commission on the
same sl4o 81 excess objected 70, SIP % a. :, ,ss1
to $5,5o7 %; Of 1866. to $4,s'o II and OF $780, F"
S51Sl o.. ~,
ton, 10 the application Of Charlotte Arthur Wynne.
against his executor aud trustee OF tho VIII OF
Thomas wynne and to have the same reopened-
To THE SuRRoGA ATE COUNTY OF kiNGs:-
The Of Francis vinton. executor trustee ana
guardian under me sss VIII am ~ char
otte Arthur Wynne respectfully showeth Ihat your re
spondent did, the 18Th Of November lo57 the i0tn
day February 1850 the Sd day Of September 1852,
and the 9Th day OF November 1885, on applications
duly made and on citations duly issued, nave
final accountings, executor and trustee afore-
said, before the Surrogate OF Kings county,
and that his said times duly and finally
settled and allowed by Surrogate That tho citations
issued to all persons interested in the estate Of said de-
ceased were duly served on such persons That your
November 5. 1868 which he is and always has been
since the same was discovered by him, prepared and
willing 70 remit as the mistake arose from clerical
In tho he NJ fha
tho amounts were transcribed and which had
already been corrected on the books before
snsreof os.sd to the crsa. or the estate on
new account Your respondent, In further answer 70
na accountngs be reopened. and alleges that the
binding and eectual all persons interested
said petition contains no charge or charges OF fraud and
that the question Of the TO the WAS
deliberately passed upon and determined ~ such ,n maj
be reopened and revived, the same having been con.
sldered determined due course OF law, upon fun
examination Of the services OF your respondent their
nature and value, and upon proper represents
tions Of the party In interest who makes tins
IN the premises dependens upon the. said
accountngs and DEGREES, made severaly by the Hon
Jesse G smith, the Hon. Rodman b. Dawson, the Bon:
Roswell Brainard and the Hon. VIM. D. veeder, q
the dates aforesaid. Your respondent alleges that sara
n an his
in the management Of said estate In the triple charsc-
ter Of executor trustee and tesamentary guardian Tor
and value thereof that they were made aflsr
suggested By his COUNSEL M VIM Belts, who had been
S , q, nc q or
by decree dated November 8, 1854 and as ne u now
according 10 tho course and practice OF Surrogate
courts Of equity But the said accounts having
Sn S
respondent respectfully objects that this honorable
aa no . e inc ne
s.fsn ". And your respondent rspscsruy sss-
said estate bis commissions charges and Accountants
therein he has received the following communca-
counsel who have been connected herewith passed
thereon the sane being hereto sPRsoSsd n scnsSus
Cuy and County qf Neo York, a--Francs vinton,
being duly sworn he has read the foregoing
answer subscribed by him, and knows the contcnts
thereof the Is OF his own knowledge
except TO the matters therein stated upon Information
sworn oefo.. me tA. ga day q Nay iss7.-J aaIs-
VOID KANE Notary Public, New York city.
A communication from William Bets was annexed.
| stating that at the time Of the examination Of the
the charges OF 81 per day were not too much
for attending the business OF the estate that the
estate had been extremely well managed; had sus-
matter Of such ong Standing and further
his fidelity zeal and earnesness n the management OF
j. G. smith, Surrogate Of Kings county sanctioned
| the commissions caiined by Rev. Dr. vinton.
Rodman u. Dawson, Surrogate, allows the claim OF -
per day .4.
Roswell C. Brainard ex-Surrogate OF Kings county,
long communication, remarked that DR. Vinton had
called upon him about increasing the OF
his commissions In Consequence or the prices,
said he very puEctiiious about IT, and would do
IL until he the Surrogate approved OF It. Ho
approved OF H. and chcerfuy bore his Testimony the
crcditable manner IN which DR.. Vnton had performed
his duties.
judah b. Voorhees,, guardian al htemtsmakcs OBJ
lection to the justice aud equity OF his items.
Joseph u. harrip, referee, said he had made
thorough careful examination OF the
concluded that the estate bad been administered in a
careful and thorough manner, with strict economy and
integrity and that far from deserving the
deserved the profound thanks OF the parties In interest
Mr. Dean, formerly guardian adj icm Of Ch arlotlc
Wynnes estate stated that he had examined and proved
the charges and commended the management OF the
estate In similar terms 10 the above.
The argument had been set apart for yesterday,
Messrs fraphegan and shaw appearing for applicants,
and Messrs A. ". Bradford and K b. Dawson for DR..
vinton.
on application Of A. W Bradford II consented 10
adjourn tho until Friday afternoon at three
O'Clock.
As the stands the paper win be submitted
Friday and the only question rs to whether the Sur
rogac has the right TO reopen the accounts OF Dr. Vim
previously passed upon bv the Surrogate for tho last
yeas The parties interest claim that the executor
has claimed commissions TO which he Ii not entitled by
law The executor replies that all commissions have
passed upon by the surrogate and that the matter
cannot he reviewed except by proceeding IN the su
prenie Court