The New York herald., 1869-04-13
SUPREME C0uaT-SpeClAL TERM.
The Cbristy Will Casc-Charge OF Fraud
Against Attorney.
Before Judge Barnard


Before Judge Barnard.
Egtxa A. Breck, Respondent Us. Charles X. Smith,
appellant ana Harriet e. C7risty-This apparently
endless litigation again brought before the court
yesterday in suit to compel 9. Kessler Smith, at
torney, to account for all moneys received by him
relating the estate, and asked that the deed Of
trust held by him be declared null aud void. On the
DIST OF May 1885, Edwin p. Chrsty died slezed Of
real and personal estate and left him surviving Har
rict Christy, his widow, and William A. Chrsty
and Edwin Byron Christy. his children and
heirs at law. Shortly after his death an
alleged WIN Of Edwin 2. Christy was
produced before the Surrogate. Smith undertook to
oppose this will, and 1t was finally declared null and
void. william A. Christy, one OF the sons, died IN
Edwin Byron Chrlsty died, having made will OF
which he made the plaintiff ana his mother, Harriet
e. Carsty eXecqtrlees devsing ner onenai ana dne
complaint now stated that Smith, taking advantage
OF the confidential relations which had for some
procured certain deed Of conveyaiite to him OF ali
the real estate OF which E. p Chrsty died p0ssessed)
upon trust TO settle claims; that under that trust he
sold and conveyed certain property In Kings county
and converted the proceeds to his own use, and that
under the representations OF having to pay counsel
$4,000, induced Harriet f, Chrsty TO execute bond
and mortgage on certain property in Grand street.
The complaint further averred that the defendant
smith subsequently induced Harriet M net f. Chrsty Tor
him deed of conveyance OF another lot IN Grand
street. Plaintiff denies tnat Smith ever paid the con-
sderation money, but says that he claims that 1t be-
longs to him, in addition to the mortgage Of $4,000,
as reasonable compensation for his services
in contesting the alleged will OF Edwin p.
Christy. Further, that the defendant has re-
Gently sold a lot in Grand street for $4,000,
which, with the money due on the mortgage for
$4,000, he has fraudulently appropriated the same
to his own use, claiming that he is entitled TO the
same for his compensation. The plaintiff also AYERS
that Smith ac, ed her attorney well for Har
riet f. Christy and that he has converted his
use $4,000 or thereabouts, having only rendered
services OF the value OF $4,000. The complaint con
cludes with an allegation that the defendant Smith
has declared his intention TO 20 abroad. The atii
davIt was substantially the same as the complaint
ana that OF Benjamin /. Blankman, on
which the writ OF ne erect was issued. The
defence a general denial. The defendant
Smith denied all fraud and cousion, and the an
swers OF both defendants set forth that there was
settlement between all parties. Inasmuch as the
plaintiff by u memorandum OF compromise had
agreed to surrender her interest In the portion OF
the estate lett her by H. Byron Christy, and that In
consideration OF her executing the deeds released
she received $1,000. The defendant smith denied
his intention or leaving the country and averred
that the respondent had no standing In court having
sold her share to Harriet Il. Ohristy.
The 'piaintir having been briefly examined, the
case adjourned TIL this morning.