The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-23
THE ESTATE OF A. J. BUTLER.
The Inventories and Schedules as Filed by
BENJAMIN f. Butler-The Bills Paid
and Claims Disall0wed-Tk General
Shows the Estate InsoIveRt.

The following history OF the disposition OF the es'
tate OF Andrew Jackson Butler so Tar as IL mas pro
crossed will be OF interest 10 many readers Vi Tue
HERALD especially account OF the strange manner
IN which tne executor Benjamin Franklin Butler en-
deayored by technicGlities 70 avoid strict exhor
zion OF the condition Of tie estate
Andrew Jackson Butler died on the nth OF Fehru-
ary. 1894, leaving widow and one child, George
harris B1tler. By the will of the deceased, 20 be
found hereinafter Benjamin F. not only made the
leratee OF the greatest portion OF the property OF the
decreased but was also appointed sole executor and,
IN order 10 obtain letters tesramentary, he being
nonresident he was compelled by Surrogate Gid
con J. Tucker TO give bond in the penal sum OF
sAoo 600 with two suretes. These bondsmen were
Hon. E. D. Morgan and II. j. Gardner. No inventory
OF the property having been filed when the legal
limit had expired the Surrogate TOOK measures to
secure compliance with the law when, after many
bubbles ana delays General Butler filed the tnven.
tory marked 'A,n which included only property IN
this state and which he swore contained a true
statement Of all the personal property OF the said de-
ceased which had come to his knowledge particu-
larly OF all money, bank bills and other circulating
medium belonging to said deceased.p
After fling that inventory evidence was adduced
TO prove that the General had not included prop
erty which brother possessed Of In the States
OF Massachusetts, Louisiana and California and the
Surrogate ordered return OF q further inventory,
including all the assets in those States. 1t only
when the Surrogate threatened an attachment that
General Butler took action and entered an appeal
against the SurTogate's order. The Supreme Court,
however, decided against the appeal, and the Gen.
era carried his appeal to the court of last resort
where the surrogate's action was again afirmed.
After some further delay General Butler filed the
supplementary inventory which follows, marked
II win be seen that alr' the assets according to the
first inventory amounted to s76,S9l o. While the
ond or supplementary inventory acknowledges
$70,s00 entered as worthless. In MS accounting,
which is likewise supplementary document, having
faled TO produce proper one on the first account
Ing, II win be seen that the General dlsallows all
claims against the estate Of any magnitude, white It
may be well to add, that his own claims, although
not properly proven have been deducted from the
estate, which, In the estimation Of General Butler
was Of course and proper proceeding How soon
final settlement OF this interesting estate viii be
ef1ected must remain for the future disclose Tue
trial OF several claims not recognized by tue General
IN the accounting Is yet pending. Some or these
are already In Judgment, but still refused satisfac-
ton by General Butler: The most OF these cases
have been referred TO Mr. Charles Price, OF Al Wan
street. who has already commenced their hearing
One OF the points which 1t Is expected that Butler
VIII raise on the trial OF the claims unrecoguZed or
dsaowed by him viii be the right or the Surrogate
70 pass upon the validity OF contested claims. This
and other points will consume time, which seems to
pc all General Butler Is aiming Ut. 1t Il reported
that ne has already pronounced the estate
insolyeDt and 1t may be that he deslres to keep con-
Uol Of the funds as long as possible.
THE WILL.
I, Andrew Jackson Butler, late Of California, and
now residing in the city Of New York, do make
publish and declare the following as my ast VIII and
testament:-First, l give and bequeath unto my
and his heirs absolutely, the half part OF ali nv
personal estate and property which shall be found
g. the time OF my deceass IN that part o. the United
give and bequeath unto my executor, hereinafter
named, in trust for the use and benefit OF my son.
tha na-ror Ia fnf,
personal estate and property which shall be found
q the time OF my decease In thai part OF the United
with the onehaif part OF all my other personal estate
and property not so found east OF the said Rocky
Mountains; and hereby direct my said executor
and trustee to sell and dispose OF for cash ali such
personal estate and property herein bequeathed to
him in trust, and to invest the proceeds thereo, in
such manner az TO nm shall seem BEST and
10 keep the same invested until my said son.
George Harris, shall have arrived 10 the full age OF
thirty years, at which time 1t Is my will tnat the
said trust estate, together with the accumulated In
terest thereon be delivered, transferred and con-
veyed to him ana his heirs absolutely ana forever.
But in the meantime, IL Is my will desire and my
said executor and trustee directed TO pay out OF
Such sums and at such times as may be deemed neces
gary by my said executor and trustee for the support
Of my SAID SON. George. Harris, before he snail bave
arrived the full age Of thirty years. Third de-
wise, give and bequeath all the rest, residue and
nalnder Of my estate, OF every nature and descrp-
tion to my wife, Joanna L. Butler, an. this devise
and beqQest is intended By me and l. TO be ted
W my said wife In lieu OF all other interest in my
real estate and personal property which she other
toiore made by me are revoked. Filth, nominate
and appoint my brother, BENJAMIN Franklin Butler
10 10 ..c ss.S,,.eer az and trustee under THIS my
last Will and Testament.
ANDREW J. BUTLER RI. 81
Signed, sealed, published and declared by the
testator and for his last Will and testament in
presence who at his request and IN has presence
and In the presence Of each other have hereanto
our names a., snd PAGES q T@E ,O as
Gtetf:h day Q. eeleinbef one sAousanq eight hun,
dred and sixty three. Henry o. Gardiper, 90. 10
ns s5Se Street, Tao@as + ns
New York Hotel.
onio1sA. cnsEsAl INVENTORY
4Jpra.'d Va'ue
ls6s, az thirty days 1885, sS Deseme g, p Is
ninety days s,so4s ST. December 81 1853, ninety o
on sane. -. - lOss Oa
months ss7sS 80 r 49,. = $50 l,s9o q
NJ NsS S5s! So $500 lss g
Note. 1s% Iona ASSURED y se9 ss
wilkes seven per- cent s i interest," es
siSss deI seven cent ateress. 5000 el
II: A. Y $sa.: ::'a''.' E
i na,s ,s L Le 1 Gilbert Of note $1,000
9ity per cent? April 8 1854, nj fow months seven o u,
,oR,s per ss3 gus a' fgsr Months eleven days
'I bic chid, April is4 1891 ls
com5ie Child, jangary ~ 1915 .lGO52 a
os ana making new no,c 7os
October, George ". Wyet, 9Ss3 90. mo vaue.) 90 ,
October Clfrles " Do9sn, E7,'s, -Ir,~.....' ''9,s
Interest due, one gear. y@
October, Charles n Van Lanst CO.. ,5i4 IS (Afty -
Interest due, year. l6s
eent e',o.o u.y 215s
Interest due OBSERVATION-DISCLOSURES. 15l
October w. w. Leland 034
Interest due year ............. ........... gi7
flctoher. James r. 1S2
interest,", one year IL
October, w. u. Benson, &i,S51 0f. 40 vSlue)
October, o., Hungeriord S7,eeS Va. (No 'aiue.)
Total .SfS,3H
In addition tolhe nboye enumerated propew the appfa
ers, the exetcise of their discretNu pursuant TO
siatu,e, re following articles OF personal proper
the OF the widow OF the estaor tao vot exese
Ing In value Sl50:fpe wearing apparel Of the feccase
one gold watch aud ckain, one diamond Pin, ono pair
we lut Ouen 10