New-York tribune., 1870-01-07
THE COURTS.
srrpREME CoURT-CnAMBERs.

p.foys Mr.. Justice CdrdOso.-1he Bourne Es.
tnts .Rizn6eh r. Borne agt. HermdnW H. Duyea % ona
~ The srandfatheIp r. 81 Inc Phhs po hs sob f Gcp W.
speefcally He also left to Hermanns Is Dntyea pr%p
ery appraised at S2e9TSO [ e and Corn"nS r. Dur
YEA He also left $4,000 20 his son Gilbert w lo ee
Sepedt of the plaintiff when Gilbert W. Bovine maae
his viii he left the residue Of his property 10 Hermahn
II Duryea John Ieveridge, and another IN trust 70
nT Between bis nieces aud his nephews property under
heir grandfhers will would be corrected i dne e
sriy Was 10 be lie trust TN the niece, the pann ce
OF sre aud then 10 be divided among them W wy
nephews the niece died before she arrived & n. oiher
OF age that share TO be divided among the o'elS
Before Gilbert BOwne's death one OF nus hepHeNsu.o
The will proved in 1883 and m ioS4 ne ,hi hands
passed their accounts showing haauee IN tnel t haT
Of t2s2l96 %, which they held lor tne & rus" co. CON-
nsaton for ,ber Iabors as trustees. and the Court
allow ed them per cent on the value OF u,e
Ind the income annually for the future. OF this the
plaintiff complains excessive ana Delng maue et puw
lie claims is without authority. She also complains that
ihc opy appraisal ever mado by the trustees was dis
Affirmed rI Judge Lott, aud that, III not making noN
snnra'sa ihcy failed u their trust She also complains
tba m leasing the property they violated the provisions
Tn nV Vse1tcmber. 1896 Miss Bovine came Of age and in
December made demand Of Mr. Duryea for her snare
Al TINS time she in feeble health, ana undef Her
deeors advice went TO Cuba TO her health Be
fore she she full power OF attorney 10 I, u,
Bjusse a youug lawyer hut very recently "
pIarf,cc and in an afdav she states that she cen,
kcyaUdcr " bradford who told her she had two
very hard executors deal Win, VINO hdu dItS oaCn
up one or bat promised 70 secure her Se ne
Cayc no attention 10 her affairs When she returned III
GnriI Size fouud that n suit had been commenced, ana
tbaf Mr. Uermarus B. DuryCa was defending callnlhE
10 iuhert from his dead interest IN the estate
That at this tiuc having only MI Blnsses in,
eXperience as TO the law, knowing httie OF
the property, aud finding 1t al IN tne nanus nus
OF The trustees she assctcd to DIVISION 1hat slo was
Sefrauded I'm being led into this agreement ana de-
frsuded Ia making division, partly by nlseplesenl
lions as 20 value and partly by some OF the pIupe!y
belg entirely concealed from her. ana she pdces Ilo
amount OF tins fraUd at over quarter OF milton u
der this agreement Judgment was taken III tnc si. ~
December Io,. In July last she commenced TINS sut 10
have inns agreement auQ division set aside as iIaudueh
and the in rueu opened that the trustees be cOmpeed
10 ccot a trustees and that the parties to that agree
Inert N no are made parties TO this action be cohl5eu
20 make division, preserving so Iaf as possioIe III
sgch division their present properties.
on a eT DGTtc motion James NJ SWCeny was appointed
Temporary Receiver Of the estate, and the case now
comes mp motion to continue the Receiver
The nOtiOn made on great mass OF papers when
were READ by Plaintiffs counsel including the answers OF
SOME Of tht defendants. Hermauus j. Duryea demes
any uufancss that any property whatever was KEPT
back except the family OuryhG ground lie says ne uld
advise the settlement, but at the beginning OF the
SUIT longer trustee OF the pl8nin, but was aching
Us counsel iOT himself and his relations,
His says MS father ala not advise the settlement
bur he proposed out Of his own head aud Miss Bovine
knew So much mue OF the property tldJ she got Tue
better Of him by $4,000.
Mr. LcyerIige says ne would have nothing to do with
Il except under the directions Of the Supreme Court
The time the call of the Calendar having arrived the
defendants papers were not read, and the cause was ad
lnurued. Joseph c. Hayes for plaintiff; > Z. Nash for
B. G. Leveuuge. aud L. r. Hyde fOr the Trustees; L. c.
I. buckley Tor MIS-. DuIyed,