The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-12
THE rleET FOB TIE BONES.
Full and Succinct History OF the Aiexand@
Case-Hs Final Statements and Death-Ths
Golden Necklace and What Became Of
Jt-Contention for the MoneybagE-
Triumph Of the Heireas- 0pin-
ion ofsurrogate Hutehinga

the investigation before the Surrogate relative to
she legal title to the bonds terminated yesterday,
when, az previously intimated the decision was to
be rendered. At the sitting Of the court Messrs.
Beebe and Spencer proceeded at some length TO
dilate upon the law bearing upon the question at
ytssue, and Mr.. Reined, on behalf Of the claimant,
Mrs. Virginia Burke, having replied Surrogate
Hutchings delivered judgment ~ iollows;-
OPINION OF THE SURROGATE.
This Is an examination under chapter 394 OF the
laws OF 1870 entitled "An act 10 confer additional
powers upon Surrogates and to authorize an exami.
ma ION az 10 the enects or deceased persons" The
oheet of the examination is fully stated In section
6rst of that act which reads as follows:-"When-
letters testamentary OF administration shall
have been Issued by any Surrogate's Court in this
State shall have reasonable grounds 70 believe mat
or OF which he had possession at the time OF his
DEATH or within two years prior thereto. shall not
TRAITOR nor accounted for satisfactorily by the per-
sons VINO were about the person prior 10 ms decease
any of them NAV be suppoood AT any time 10 have
fallen, such executor or administrator may institute
an INQUIRY concerning me same , ana upon satisfy;
letters shall theretoior have been issued by amuavi
that there are reasonable grounds Tor suspecting
that any such effects are concealed or withheld,
such executor or administrator shall DC entitled
10 q subppna, to be issued by such Surrogate
under hs seal OF ONCE, to such persons as may be
.ies,gnatea wv said executor or administrator re-
uurina them to appear before such surrogate at the
time and place tnefein W DC spcouVu iof tuc pui-
pose OF being examined toucnihg tie estate anu
effects OF the deceased"
1t Is claimed by the counsel for the parties who
were about the person OF the deceased prior to his
death that In reference to portion OF the bonds
which ID has been testified came INTO their possession
there was special collector appointed by this court
and that he entered into stipulation with the
counsel for these persons that the bonds should
be deposited IN the Trust Company TO await
the resnlt OF q suit in the Superior Court
and that therefore, 1t would not be pro-
per for the Surrogate to make any order as to
those bends. hold That tue special collector, Mr.
Fyokhain was appointed simply for the safe custody
Of the property and that his powers were SO limited
ana that he could not by any act OF his prejudice the
rights OF the executrix. Subsequently to tnat stpu-
laIlon Mrs. Virginia q. Burke qualified as execuirix
under the last will and OF her father and
the special letters to Mr.. peckham were thereupon
reyoSed and If 1t has been proven by the testimony
taken in this court that those bonds were the prop
erty OF her father she s as executrlx, entitled to
their actual possession, Notwithstanding the stipu
lat,on referred to, unaccompanied as 1t was by an
order OF the Superior Court.
1t appears by the testimony that the decedent,
John alexander had IN his possession about the
time Of his death bonds and other securities OF the
value OF from $4,000 to 100000. A memorandum Of
The securities was taken short time previous 10 his
death by his intimate friend William J. Dewey who
counted them at the request and in the presence OF
the decedent and then returned them to one Of the
two bags in which Captain Alexander was ac-
-customcd to keep them and which were suspended
from his neck The decedent was almost blind and
was therefore, obliged to ask his friends TO count
the securities and to cut OIL the coupons which were
due. The memorandum OF Mr.. Dewey shows that
the securities in the possession OF John AexanG1r
short time previous TO his deih and while residing
as boarler III the house OF the GARDENERS, were as