The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-07
the LEGAL CONTEST OYER GILBERT
W. BOWNE's s2yeOO,OO0. 81


The rraaees who had Eaten W Three Bs-
tates-AiieRations of .Frandulcnr Dispo-
sat OF Property held In Trnst-tseBersl
Denini, aud Curious Counter Chnraeri
Samuel Bovine died in Brooklyn in 1916, pos
seesed OF large amoBat Of property, Of which he
bequeathcd over a, $4,000 to his son, Gilbert W.
Bovine, and $4,000 to Gen. Hcrmanns h. Duryea,
in trust to him for life. and aterward to his chill
dren, Samuel B. and Cornelius X. Durvea, grand
sons OF the testatof also. 100000 10 his son OH
bert TO be Invested for his granddaughter, Eliza
beth Rodman Bovine. Gilbert died Nov. n, 1883.
leaving property worth about $9,00O,0o0. lie de-
viscd bis property In trust to John Leveridgc. ~ b.
Duryca, and James Cumbsrson, for the benefit Of
his niece. Elizabeth Rodmsn Bovine, aud his two
nerhcws, s. D. and G. r. Duryea. His widow,
Mary BOVINE, subsequently married II. b. Duryca,
whose first wife was Mr.. Bowne's sister. Gilbert
W. Bowne in his will, referred to the fact that BY
his fathers VIM his niece did not get so much as his
two nephews, and declared his intention to have the
SHARE OF EACH EouALizrD
from his estate. The trustees were directed 10
hold the property until bis bcneciaries arrived at
the age of e. and meantime TO make certain appica-
lions Of the rent for their benefit This was done,
and the trustees rendered account OF their pro-
cccdlngs to the Surrogate Of Kings county, where
the will proved, and decree was made settling
their accounts The will provided that II either Of
the nophews or the niece died under age and with
out issue, his her share should 20 to the surviv-
ing nephew or niece. Cornelius r. Duryea died in
August, - before the death Of Mr.. Bovine, and
his father, n. d. Duryea took re estatc In por-
ton Of his share, and the remainder was gwen to
bis brother, Samuel b. Tho trustees were directed
by the will to have the property appraised for the
purpose Of
rAKiN6 A Distribution.
Uron the accounting they had moneys in their
HANDS amounting to t2ss,10d, besides commissions.
This they were directed by the Court TO retain from
the trust purposes under the will. An application
was made TO the Court rcciting the burdensome
nature OF the trust, and an order was obtained
allowing them one per cent OF the amount Of the
property for services no TO the time Of the appraisal,
and one half per cent annually thereafter upon the
value Of the property and It's Income.
Miss BOVINE became OF age Sept. 4, 1876. She
was then in very feeble health, and in December,
1866, vent ~ CubI. Before starting she made de.
mand upon II. u, Duryea rs trostee for her share,
and appointed Edward Binsse as her attorney. She
also employed the late A w. Bradford counsel.
lie told her, as she alleges, that the trustees were
PRETTY HARD PERSONS
TO deal with and had already eaten up two three
cstutcs. Whil" che was away MIR. Bradford was
died before the settlement. In April she returned
from Cuba, aud had settlement with H. II. Duryea,
as trustee as she claims thongh he alleges that he
Samuel claims that the agreement was with him.
Mr. Lcverdge says that lie was totally ignorant of the
agreement between the parties TO the division OF the
property until after the writings were signed and
scaled, April II, 1917 and, when presented To him.
he declined TO act upon u uuless 1t were confirmed
10y the Coort He wished 70 divide the property ac
c0rdtng TO the valuation made by the appraisers.
Miss Bovine claims that she defrauded In this
ssttlcmenL through her ignorance of the property,
and the
FALsB APPROXIMATIONS
OF II. r. Duryoa that while the property shc re-
ceived was worth but $ilO.325, she ought 90 have
had $3.50 600 she claims that the percentage
obtained by tie trustees eIOrbitant, and that
H. Il. Duryoa Represented TO her that he was cnti.
tied to his deceased sons share his heir. She
insists that as Gen. II. H. Duryea her trustee,
his dealings with her void, and therefore she
asks that the agreement be set aside, that the
trustees account to her according TO the appraisal
under the will, This suit was instituted In August
last, and james "a. Sweeney Was appointed receiver
tpUn
TX rARTg APPLICATION.
| The present motion is 60 continue The appoint
men'. Gen. Duryea claims that he ceased to be
trustee for Miss Bovine hen she became OF age and
certainly ceased TO act such when she sued him TO
set aside the first appraisal From that time he had
acted counsel only for himself wife, and son. lie
alleges that he made omission OF any property IN
his accounting to her except tho burial lot and that
the settlement was just and fair. Samuel Il. Duryea
| claims that she knew great deal more about Tho
property than he, and got the best OF him by $50 OK
| In the division. The argument is not concluded.