The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-08
SuRROCATe's COURT.

The VintOn Trustee Cusc-Argument In OppO.
sition 10 the Reopening OF the Accounts Of
the ExecntOr-Dr. vintOn's Statement Of the
Case, &c.
is abstract of the written points Of argument sub
milted to the Surrogate yesterday by Mr. A. W.
Bradford of counsel for Rev. Dr. vinton. The argu-
in opposition to the reopenng OF DR.. Vinton's
accounts executor trustee, Sc
Thomas Wynns died in February. 1851, In the ctD Of
Brooklyn and by his will Edwin Coffin and Dr. Frahcie
Vinton appointed testamenary trustees
and guardians Of his infant child In consequence Of
the absence of the executor Coffin from the United
States and finally by Of his discharge trustee
the entire management of the estate, the Of the
child, &C., devovcd upon Dr.. Vnton The ward lately
attained age and Dr. vnton applied for final settle
ment Of his accounts for discharge, with prayer that
another trustee might be substituted IN his place. This
trust lasted over sixteen years aud Dr. vn.on acted
in three fold capacity. In addition TO ordinary execu
tory duties there was trust TO accumulate the income
beyond the sum he deemed proper an allowance TO
Miss Wynns and in she died without issue TO pass
the whole estate to the Smithsonian Institute
These trusts demanded crcnmspect action and increased
attention The estate when II came to the hands Of De
Vnton $54,3 now amounts, in bonds and
mortgages, United state stocks &C. independently Of
commissions S64 500 besides real estate in Florida,
secured by the OF the guardian valued at from
$50 900 to $40 000 During the long period in question
annuity OF sl,50o per annum has been paid 70 the
widow, and average OF 81, 100 per annum for Miss
wynns taxes amounting to $3.50 yearly, and all the
penses Of administration. Some $3,500 has been al
10 sns mos '1s e
exhibited Of careful, prudent management and pains
taking fidelity? On the 18Th OF November 1857 10th Of
February, l860 Sd OF September 1852 and 9th OF Me-
vember 1885, fnai accountngs were had by Dr. Vinton
before the surrogate Of Kings county, Hon J. G.
occupied that ONCE successfully The court on each oc
cason appointed special guardian 70 appear FOR tho
minor and examine the accounts; and n each oase
owance and no appeal from any Of these dec1css vas
ever made On the 7th Of November, 1854. The eu-
preme Court, by Hon. JOS f. Barnard, made N es6sr
passing the accounts Of the trustees and no appeal Was
ever taken Mr. Bradford offers objections 70 the
First That the proceedings were eli regular. Second,
That there are no merits in the application the allow
ances made being in the aggregate but COM
pensaon for the services performed and such would
now on review be allowed BY this court First v 70
ation the decree OF November 1885, the denias Of
proof leave the case f- on the following Sd
mission, to Neutrality-suspicious. pending
whole estate and understanding was had that pro-
cecdngs should be stayed but that was understood BY
Dr. vintons counsel 70 apply only 70 the case = me
peaed rom the petitioner was apprised OF the same
within Six months after the same was entered, and
should have appealed instead making this motion.
The decree OF the Surrogate receives all its force from
the powers of the Court inferred by tho statute The
statute declares that shall be final and conclusive or
this only means final far as the Surrogate's
Court is concerned The statute gives right Of
appeal 70 ss rou out no appeal R was
forth that the matter OF the power OF the Surrogate 70
open his own DEGREES is ably and fully considered IN
Bricks estate, Is Abbots Pr r. IL aud no fraud ire
guIarty or mistake being alleged in respect 70 these
judgments they can not be disturbed. As 70 the pre-
vous decrees there is possible ground pretext for
disturbing them. II they could now be opened there
would longer be safety 10 executors in DEGREES
on final accountngs no use in going through the orms
soemny provided by law for their security relief and
discharge Seco the accounts presented correct
and Mr. Bradford adds the charged for and
services were Of the previously allowed BY
the courts above mentioned The party cognizant
OF the charges and presented objection; ana the
accounts opened to-day and the whole matter
viewed the court would probably render the decson in
Wagstais case award larger INT for the compen
saton OF tins faithful guardian executor and trustee
IL mistake to suppose That gives the limit
OF compensation 10 guardian, trustee,
cept rs 10 the receipt and disbursement OF money.
Mean tme labor anu requisite and devoted
TO trusts involving the management Of lands or Of per-
sons, when extraordinary are required, the
law Ia NOT unjust either the trustees 70 the sub
ject OF the trust 10 leave them neagre standard Of
allowance In concluding Mr.. Bradford quoted from
Davies Justice In the of Wassas against LOwerie
70 Bart X. 225, on this point, in which his Honor
marked that compensation gwen 70 the trustee IN
that tor his and Management Of the estate and
nos Tor receiving and paying out. His Honor. vas
unable TO why the trustee should be restricted 70
his commissions upon the OF money he receives
and pays out and the personal property he transfers"
The allowances In the present having been made on
the same standard applied Tor fifteen years by this court
they should stand and the motion should fail Its
merits.
Mr. Traphegan, Of counsel for applicant, will prOba.
bly, submit his argument to-day.