The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-12

money len IN HE father-ln-lsw's faulty, aud he
SAIL, Where there Is large family there ~ geuc-
generally have some trouble;' and he said the oppo
site side 10 which he connected were trying 10
money. had bonds, &c, and he wanted to md out
who kept list OF stolen bonds. 80 that ne could see
e W. and see y mex nas a @e a
be arrested; he wanted to know II person
coming in there % sell bond nsa g give his
s sna nf xSsa we're a1o some ne
Bonds and some CALIFORNIA;; he said virginias and
some CALIFORNIA;; appears that there was another
lot Of United States bonds Of the amount Of 81 200
possession OF, and which her son sold for her the
day after Mr.. Alexander died. ana the day before
were to have been used by her In the purchase OF q
monument and lot IN Greenwood for the deccdent;
but se Sd got a. Tor TINS
contest the claim Of Mrs Burke. the sole cxecuirx
ana iega ate 20 Ooh her fathers property; and
that Mrs. Gardiner remained entirely silent Of
Its existence until after this proceeding had conn
animation OF her son that she had handed those
bonds 70 him for sale and that the proceeds thereof
~eared 70 the ef nn cp tbs r rs % a
the explanation have referred to, and SO she had
concealed al knowledge on the subject from the ex-
ecnirlx on hsr previous searching inquiry for the
There are several circumstances which point con.
concealed a large amount Of the securities to which
the executrlX Is entitled. The bonds which have
been already discovered are named in the memoran.
umpreserved by Mr.. Dewey, the intimate friend Of
the decedent.
Itmay, think, be fairly assumed that the missing
bonds were at the time Of his decease with the few
eiaiIy "a the memorandum BY Mr. Dewey is corrobor-
ter as In numbers and amounts. The change In the
conditlon OF NE VI the GARDENERS and CRAFTS is an
tlmony OF Mr.. Gardiner himself ana his neiaSbor r
shows that they were IN the most moderate circum
stances. 1t appears by Mr.. Gardeners own evidence
that his income did not previous to Mr.. Alex.
anders DEATH exceed $500. But after the decease
OF their boarder, Mr.. Alexander, valuable piano
was bought for $780, the house was refurnished Mr.
Gardiner became lender or money ana dlscounter
OF notes. He called on MIR. Isaac Lockwood, most
and asked him II he knew ANYBODY who wanted q
mortgage or note cashed, aud said he wanted TO buy
for about or Mr. Garaer REPLIED that hSJ Il
was too small. The purchases, expenditures and
loans have mentioned we're NOT made with or from
In the Trust Company, or the 81 oOO which Mr..
Graf swore TO have been used in his business. nor
her counsel. These are all accounted for, and the
unavoidable Inference is that these purchases, out
lays and loans must have been made rrom the pro-
ceeds or some OF the bonds which have been as yet
unaccounted for, and Mr. Gardner tails otherwise TO
give any satisfactory reason Of his suddenly I'M
ton that the money so used came from his pocket
booR Without showing any savings or bank account
OF any accumulation In business.
There might be more elaboration OF the testimony
In this extraordinary case which, 1t may be OBJ
served, srikingy illustrates the wisdom OF the re.
glsaturo in the enactment under which this prO-
ceeding was instituted but enough has been said I
think, TO show plainly that this Is case within the
true intent ana meaning Of the law OF April 81 1870
comforting additional powers upon Surrogates, and
the evidence before me having been duly con.
sidered, must and do hold that the bonds
hereinbefore described as deposited with the
Union Trust Company by Wheeler Ii. Peckham,
on the 10th OF May, 1859, belong to the
estate OF the decedent and Mrs. Virginia G. Burke,
having since duly qualified execuriX of the will
OF said decedent and having succeeded to the rights
and powers OF said special administrator, whose let.
tiers have been consequently revoked, 1t Is further
held by me that the said Virginia q. BURKE as such
executrx, B entitled to have anu receive said bonds
now In the custody or said trust company and All
other personal property and effects of said deceased
aud that said trust company must be required to de.
liver and surrender to the executrix all the bonds
above described as in their possession and an order
accordingly and for such other relief as Ia proper
under the act referred to, to carry these views into
effect, VIII be entered.