New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-04-28
THE COURTS.
TIE Tayvog WILL AGAIN.


NOTIONS fOR ALLOWANCES TO PRINCIPALS AND
TO CouNspI.-APPLIcATIoN PoR LETTERS rEs-
TkMENrARy.
Surrogate Hutdipgs was professionally visit
ed Yesterday By the following counsel engaeed IN the
famous Taylor WI case: Henry L. Clinton and Aaron j.
yauderpoe for the contestant; Rfus +. Andrews, FOR
the prpooente Mr. Anshon for George Duryee and Miss
Adene Weston; and David X. JaQaes speosl guardian
md occaoni assistant to the counsel for the contestant
Mr. Andrews, on behalf Of Mrs. Laura 8. Taylor the
widow and proponent OF the will, asked that due and
vper allowance be made out Of the estate TO her. pend
ing this Mitigation and hs protracted appeals. Mr. Gin
tsp On behalf OF the heirat-law, also asked allow
not to exceed 5000 per anuum, to which, In any
event. she would be entitled to DO paid monthly. II
there any doubt of the sufciency Of the estate, q
they prepared to give bonds to refund the
allowance. Surrogate Hutchngs did not think there
wss any such doubt.
Another motion was made by Mr. Andrews for counsel
fee In the cause he reminded the Surrogate that they
had been engaged many days in the proceedings before
him. and that under his direction to proceed from day to
day counsel had been compelled 10 put aside all other
business and devote themselves to this lsborous work
They had been successful and now asked reasonable
fee for the labor done, and The amount
Mr.. vsnderpoel preferred a similar request behalf
q the contestsnts he thought that the surroSate
would agree that this q where IL was etDnelty
proper that allowance to the contestants should pc
made The case had occupied during many weeks az tne
in any justified contest he thought IL did IN LIE
case. Whatever might have been the Surrogas,s 49,
ion at the close OF the rebuttinS evidence, ne .t
that. without that testimony, at the close OF te IN
ants the Court would have found NO nsa IN
finding in her favor. He satisfied test 1e $500
this the opinion OF ninetenths OF tsoee WI" ansaes and
followed the casc-friends, acquaintance r a
those familiar with Mr.. TayOrs nsifu LII a,ttre
was no factions opposition. The contest "ss III 49,,
good faith, and wfth al deersDo IN ona;ra SnoS }sth
An allowance commensurate WIG INC aooSe Vi 0"u''0
was he urged not improper In this case. "a,
Mr. JsQues the special GUARDIAN, aiso pre- @ rS
sI epGaeed heen required TO do much. but he had
been IN attendance, and was required 80 TO
be- When occasion seemed 70 demand H. ne nsa sSo
assisted counsel TOR the oOnVostant ny ruOh eue6oo0
Mr. Aation as counsel for George Duryes and Miss
Aaehne Weston, also asked an extra allowance. Inc
and necessary shat be should DE represented by counsel
md he Thought was right that an allowance should Do
made 10 HIM
the last Legislature dated April 10, 1871 providing
where. In opinion OF tho Surrogate 10 snail DC
fOt the sisentsss OF tho estate OF decedent 70 t
che issuing Of snch letters. Inc noslon was
based edavtt Of the special admlnstrator thst
there actions Of treelosare and pertcn pending
besides notes and business matters which was 1eers
bic 60 pay and sst and that for that psrse the ap
y.sutrnoat Of executors proper and needed.
The melton opposed 90 the grounds that me speaa
al IL for executor to do, and that the
having been passed nfter the appeal was taken ana
es yerRS to sRR e the t ns5 T s,n sS saS
tHstiaed tbst he believed the signature OF James Is
Taylor the will forgery would serve as execor
Mr. Tray another executor had his time 50 TAKEN up
with public business that he could not pay the requisite
sstentiOn 20 his duties executor MI Clinton thnsnt
that the special collector appointed by tho Court had
given general Satisfaction, and should therefore ce re-
tanned The Surrogate took the papers and reserved MS
decision