The New York herald., 1870-05-06
Alleged Mutiuy.
SUPREME cuusr--cHAMa:as.
Fight Over n Physician's Property to Who
Shall Admiuister.


Louts Michel, Executor Of the Last VIII ana 7esta-
f1sent Of John @. OSBORNE deceased us CHARLES A.
Sletson, Jr.-Mr. John @. Osborne was physician,
and served with distinction in the Mexican as we'll
as in our last war. For some time previous to his
death he occupied bachelors apartments at No. $50
Broadway, which were fitted up In costly style,
containing an extensive library Of medical and mis-
cellaneous works, among other things. In January,
1858, he was taken sick and. after short illness,
died. He had no relatives in this city
and his principal friends seemed to be Mr. Charles A.
StetsOn Jr. and the Stetson family. During his Ill
ness servants sent from the Astor House to at
tend him. and the plaintiff IN this action was called
in as physician. Shortly before his death Mr.. Os.
borne made will, In which the plaintiff and the de-
fendant were named as executors. BY this will sew
@ stetson o. ia family an and TO to a Mr. Johnson and
his. WIFE, of Baltimore, and oil the rest
ssae sas Fsars ~ss ns 1sA e snd au
Christtana Higgins, Of Rochester, N Y. Soon after
his decease the body WAS cof1ned by order OF Mr.:
the city, from whence after time. it was removed
to Greenwood Cemetery and buried d By AZ the under,
from the Hstor House. who had been in attendance
on the deceased, are claimed to have been seen on
the day subsequent to his death wearing his clothes
All the property In his apartment was taken
possession OF by the Public Administrator. This
property included tin box which he had been in the
Bank. No complete inventory Of the effects Of the
deceased was made by the Public Administrator;
and after time tim, Mr stetson appsd to thaS 1aS
and Asked possession Of the property, whereupon 1t
was delivered over to him. the Public administrator
refusing to recognize the plaintif because ne dfd
not know anything about mis- responsibility. The
property was removed by Mr. Stetson about three
months after Mr. Osbornes M neath aMa ss s0rea IN Une
v was then sent by Mr.. stetson or his agents rs
bond which was IN thepossession OF Grocsbeck Co.,
Of Broad street, who held It for the deceased Out
session OF an amount due them and gave Mr.. Steson
the balance. Mrs. Christiana Higgtns the aunt OF
sscertaning how matters Stood despatched an agent
to New York to make inquiries, and induced
the plaintiff In this action to take cut letters
OF administration the estate, which he did. 1t Ia
claimed that he applied to Mr. Stetson many times
| to act with him as an executor in the matter, but
as s %oud aee Re hen
bodied the facts already set forth in petition to the
who made ,s an oae ana am
other persons whom he found in possession OF the
property OF the deceased. Mr.. Steson never having
inventory Of the property The suit was then brought
for connection, and Mi. stetson put in an answer
Which 20 @ o arres on
and Mr. Stetson moved to vacate that order before
! Judge Barnard, upon an affidavit stating that ne
had received certain articles Of the deceased, that
ne had sold them and received the proceeds thereof
| and excuslng himself on the ground of ignorance
the M property sold brought It's full value ana that he
stil held the money received for It, The plaintiff was
the recognized acting executor and had, under the
Surrogafe's directions advertised for CLAIMS and ths
principal person In interest had given notice through
intention to oppose the right Of a., admInistra ira
WITH to the eject that sttI natas
| t0 tie acting executor and the Representative
Of the principal party Of eTss e ss
sIetsop then APPLIED ts the Surrogate. and
rendering him q bond Of 5000 security,
made motion in ms suit for leave to file supple
| mental answer, setting up that he was executor
| Which motion was granted by the Court on condi
zion that he would pay all the costs Of the suit up U
that time, which were taxed at 1929. This orde
was served in December last but has never beer
| complied With by Mr.. Stetson, and IN the meantime
q motion was made for Mr. Stetson's removal q
executor before the Surrogate, which Is ST, stll
pending. The case now came before Judg
| CardoZo OH q motion for an. order com
pe!ling Mr.. Stetsons Immediate compliance WIN IN s
! order or December last or in default Thereon 10
other relief. Judge Cardozo decided that ne cou !
| AFFORD plaintiff no relief IN the premises. but tha
the defendant, having neglected to comply with til
order, must be presumed to have waived the deienc
| that he was an executor.