The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-07
HE COURTS .
SUPREME euuaT-esseRAl TERN.

sRe Estate Of Andrew J. BnrIer-Benjamin =
Butler Appeals from Decree Oh inc S1''o-
gate.
Before Judges Leonard Barnard ana o'erXe.
Ia m, M,Hr NJ A., Lac PlI AID 7stcmen Of Andre1
= B.fJer 5.c-os>a The tesator Andrew j. Butler,
died IN the county OF New York on the llth Of Febru-
arv 1864 and on the I4th Of November OF that year
letters testamensry wese granted TO his surviving
brother BENJAMIN Butler who was appointed execu--
Cor under the will On the llth day of April 1854, Be
,smn Butler presented petition asking that the Wall
Ae admitted 10 probate and declared the estate TO, be
worth 500 Oo0 but upon the expiration OF tho usual
time he neglected return in ventory Of thu said
estate order directing him V, make such return
was issued appraisers apponve cd and return was
made and filed setting the value tho estate Of the tes
saor at SIC, 3H o. number of articles OF personal
property set apart for the OF the widow Of An
drew J. Butler, foilows:-rne wearing of the de-
ceased, one gold wasch and chain, one diamond PIN
enc pair OF sleeve buttons and one gold pencil which
the appraisers state were worth not $3.50 On the
xad day Of august 1868, Surrogate Tucker issued an
epder. decree, In substance as ws:-BenjaInn f.
Butler the executor OF the estate Of Andrew Butter
having shis day ed inventory Of the estate Of said
Andrew J. Busler and appearing that there are other
belonging 70 said estate In the States OF
Massachusetts Louisiana and California il is ordered
Thai said executor return further inventory Of said
ssaie which shall assets so as aforesaid sit
GATED in the said other States and that said inventory
be hled in this court before the Both instant
From this ORDER Benjamin II. Butler, through his at
tosueys hessrs HackeIt and Van Col, appeals, the
sound that such order was Illegal erroneous and i'm
proper and asks that IL be declared void In his
10 the appeal the respondent, Gideon Fucker Surro
gale of The county OF New York, .And deponcnt
believes that Benjamin +. Butler did not make true
statement 10 the appraisers, admitted that the
tesstor had property in Massachusetts, louisiana and
California NOT exhibited BY him or included in the APP
psaisepent" The papers In the submitted
70 the court By the respective COUNSEL VIM. b. Ahken
appearing for the respondent Decision reserved.
Interesting Question of Marine Insurance.
Before JUDGES Leonard, Barnard and Clerke.
Fyuxcis Alexandra ct al The Sun Narins laurence
Obwspany-This case came up yesterday appeal
from Judgment In favor of the plaintiff The
hsued policy OF insurance the brig l. +. Newton,
Afterwards the Antonio Mathe for IS 000 for year
from July II, 1854 The vessel valued at $40 OO0 and
sailed from Belize Honduras with cargo logw
New York the 9th day Of August of the year
On the following day the brig driven on the Kay
ohappel reefs, and on the S0th the reef in
jsrng her bottom seriously /. found necessary to
return Belize the extent OF injuries and
the cargo transferred to another vessel The
communicated with the owners, asking instructions, aud
thoy IN turn referred the matter to the defendant who
Instructed them TO make only such repairs at Belize
would bring the ship safely 10 this port. The repairs
made at Belize greatly exceeded the expectations of the
PARTIES amounting to 769 a. and the repairs in New
York, upon the return of the vessel, amounted 10
pcuses getting the ship or the reefs &c, amounted
nearly $4,000 The defendants paid the IS 600 called
Dor by the policy with interest and the plaintiffs in
stued an action for the recovery of tho full amount
N their From this judgment appeal is taken
the ground substantially that the plaintiff Ia
ded to recover upon single disaster more than the
amount for which the policy issued and that the
Instructions 70 the master did not justify him in expend-
ING sum % excessive for temporary repairs. Case
ayyued and decision reserved.