The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-09
svaaoea1rs couaI.

ton for the Re0peni06 OF Dr. vsnt0n's Ae.
counts Executor, Trustee and Guar
dian-Applic ant's Reply 10 the Amended AM
Before Surrogate vsedeE
Charlotte A. Wysss FyaRcis VintoM This case
came up before Surrogate vceder yesterday morning
eleven O'Clock, when Mr.. William c. Traphagen, Of
counsel for applicant submitted his written argument
the matter Of the petition for the reopenug Of the
accounts Of Rev. Dr. vinton trustee Of
the estate OF Thomas Wynns, deceased. Mr.. Trapha-
gems argument was very lengthy document Of which
the following is brief abstract
In the opening pages counsel entered into the consde
ration Of some particular exhibits which had been at
tached TO the answer Of respondent These exhibits
were In the form OF letters certificates &C. from former
Surrogates and Others in reference TO the executors
charges. which were considered reasonable by them.
Counsel had moved strike these exhibits from the
answer, the ground that they merely hearsay
and not properly attached TO the The letter OF
Belts almost panegyrc of DIR. Vinton's per-
sonal virtues 'and might well come from who has
himself received $4,000 or more from this estate !"
II was also claimed that they coDtradcted the records
Mr.. TrapLagen then passed on to royiew the merits
Of tho application, and as to the power OF the
Surrogate open default which sustained by the
citation of The only possible question, he
thought which could arise the appearance of
items IN that account against which they could file
counsel stated that there hundred and eleven
Objectionable items arranged under the heads Of sour
rent expenses time OF trustee, "erroneous computa
ton OF annual COMMISSIONS and "Charges time
spent in the capacity Of guardian" To expenses
he objected to the OF S495 because they not
accompanied by vouchers and merely estimates. To
allowances for trustees time, no objected the
ground that there authority for any other than
statutory compensation and the errors in computing the
annual commissions were manifest. Mr. Traphagen
then went on ut great length to consider the items,
commenting upon each one, citing numerous author
dwelling severely upon the charges, some of which he
termed gross and disgraceul Counsel stated that IN
than twenty places tho accounts showed that the
days have been charged He referred TO the
most disgracefui charge OF all, as that in the ac
count nea emu 4. 1900, item o. was
upon the annual income. simple calculation would
reveal the fact that the income according to this would
have TO amount 10 SO, 500 Dr. Vinton's own accounts
showed that the income for the year ending September
2 1865, did not percepbIy differ from the figures in the
aRdavit-S4 S79 Counsel knew that he should be met
with the arguments that the commissions allowed by
statute totally inadequate compensation for the
performed by trustee that
time necessarily spent in the management of the estate
had engaged such an amount Of time as called for adj
ditional compensation They replied that the sum
already received by DR. Vinton amounted 10 81 695 or
thereabouts in addition to the claim of So 600 COO
which he holds is due him in his guardianship
cussed at length and their affirmation sustaned:L Is
the petitioner entitled at this day to file these objec
tons pro tune and to have the DEGREES reopencd
and resettled to them2 2 If so, the objections
well taken2 Mr. Traphagen concluded his lengthy argu
ment with tho iollowng:"The roabe in this case has
arisen from violation OF q simple and well known
principle, beautifully and concisely stated by the
Redeemer in His sermon on the Mount-.No man can
masters for either he will hate the and
love the other, or else he will hold to the and
despse the other, yc cannot serve God and Mammon.
The following reply to the answer and amended an
swer Of the respondent was also filed yesterday
KINGS COUNTY SuRRoGATE's CoURT.-in the Matter Of
the Final Accounting Of Francis Union, Executor of and
To the Surrogate OF the County Kpgs-The reply OF
Charlotte Arthur Wynns TO the answer and amended
estate OF Thomas Wynns deceased respectfully show
eth THAT your petitioner has been informed and be.
ieves and therefore denies that those citations issued
to your petition upon the aoCountings sought TO be
opened herein were duly issued and served upon your
petitioner but that the not In the form
laid down IN the practice OF the Surrogates Courts and
would be without the proof service Of the citation of
the accounting Of the year 1862 issued your petitioner
copies Of tho items as set IN the schedule were ever fur
nshed her from time TO time alleged IN the answer to
;ns petition but your petitioner alleges that she was
last, ss set forth IN the petition herein. That
the negotiations and proposed settlements re-
although nominally In the suit then pending in the
Supreme Court were to close IN all matters between the
petitioner and that your petitioner informed and
nslsefed AL proceedings Of whatever kind were to he
Thai a. your petitioner il informed and believes the
TO which she desires nis objections we're
executor and trustee solely and not in any
mentary guardian, and that an action has been
the purpose Of settling the guardianship accounts And
petitioner further that she has informed
items Of estimated expenses Of stationery, fuel lights,
&C. and that the allowances OF the same without such
CHARLOTTE wYNNs.
The decision in the entire matter will probably DO
rendered by the Surrogate on saturday next
Wills Admitted. &c.
The Wills of the following named persons, deceased
were admitted TO probate during the past week.
william Force, James Booth and William Kelly all or
the city Of Brooklyn.
Letters OF administration were also granted on the
estates OF the following named persons deceased Ber
nard A. Storp, Frederick Ulrck Elizabeth Oliver,
Frances W. L. Manning, Robert $. Downs, Margaret X
Blossom, Charity u. Blossom all OF the city OF Brook
lyu o. arab Stevens, OF Pitised, Mass John Scha,
OF Stony Brock, Carbon county, Pa