New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-14
PRICE FOUR CENTS

Guided I'm former cases mo statute nowhere authorizes
them 10 appear lang INTO % ~ ,t 10 Give thls
a careful consideration before 10 allows them % apa
times allowed to appear. Now II this public institution
to which provision to the amount OF SlocoO y mao
chooses appear then the Court may decide upon t
say that tue gentleman can find no case IN m inc po0kS
to authorize executors under former VIII , ~
regard 10 this matter OF contempt cannot see Why W.
gentleman should champion this Court, az well az my
clients and the relatives OF Ir. Greeley. ! eahaol W."
agne way In which he can gee a sttndlng mre, 81
Win cSsrd no tho Fin OF ths article. He does nos de-
fine bis position but has dealt IN inslnua!ion' ,,,
Surrogate CoduIe rose to q question OF pIisiisfs'
but ne did not refer 20 yOu. As that Ds ter ~ con
cerned. 1t may DE lack OF wisdom TO put shcn ~ %
such a publication might influence many men. 80 ir az
the discharge OF duty Is concerned te newspsier
upon testimony which viii be presented 20 me- shSl
discharge It without regard 20 newspaper artcies 1
great regard the opinion OF my predeeessor ihnt
that the executors OF the viii Of 1871 have rgnt 20 ~
pear here. Tney 10 represent those WHO aIe
Interested II Il the duty q the executors 90 take care
see FIT dt TO be here nj tho probate Of this viii
No viii h yet proved suppose II Is simply IN the hno
gard 10 this WILL They have perfect rght 70 90
because they In fact represent legatee au very
clearly OF the opinion that the executors are H' !"
Judge Hart-I dom. think that q case can be cited 49,
Surrogate cofn-In my view these executors o. th9
will of good right 70 appear as any oi
the egatees Of that Will IL would 90 very s1sag
sho nd not be allowed to appear ia behalf OF ms rEsts
Why should no not have rlght 70 come Ia aud @ ~
his caimi Why not the executors VINO s'and !" "S
placei -. - .,t,, .. tho
Surrogate Cofn-t have it on record that Messrs. Man
TepTesented by Mr. Williams az their counsel, or
posed the win of 1872 the ground OF the lack OF e
Mr. Haft--We raise the question Of authority -
M fhat don't wa mean 70 to s call TSs Hera9 into G
lion about this article as Il Is its duty 70 eoees
%sEne the STena S0p@or Having brought
fore your Honor only wish 20 say that am content
Mr. Nelson am not satsed MIN Soc has pr
sented extraordinary observations lie makes insihu''
Judge Hart~His object appears TO he 10 speak here
for the public instead of to this Court -
Is not present and cannot be here veg soon and AZ
there is train which leaves for the city soon, mat We
Mr. Hart-There is train TO arrive hero at 1890 aud
IL she is not here by that time, we Will not OBJECT 10
pOstponement.
AN ADMINISTRATOR AID LIrEN APPoHTED.
Mr. WilliamsIt is within my personal knowledge mar
there are many pressing demands upon tins estate
which require immediate attention Ii VIII receive great
harm unless administrator ad Item be appointed
have petition in my hand to that effect drawn ana eA
ecuted see that practice is 10 petition for such
| thing and 1 present such petition What wish Is
that your Honor would issue special letters OF admins
traiOn tem Ihaye seen that t Is customary IN snch
cases 20 place the in the hands OF the executors
named In the will. don't know what your Honor Gus
tom is This is the petition Of Mr. Nathan Barnes Gree
Mr.. Hart-He will not be here to execute Il. whether
signs that Reon OF o %e ber sister he
Surrogate Cofin-We meet this objection. There s uo
executor named IN this last WILL aud the desirab OF
appointing one Of the executors under tuo H'' WI"
Mr Nelson-I understand where the thing l. gone en-
tirey into theeands OF the Court II Is not proper ''
| MT Hart-T6e counsel has mentioned the nau'c OF a
gentleman who will not be here to-day and VINO VIII no.
| aid him at all. The Court cannot hear MN upou JUS
motion until IL is properly brought H. we stS Will ~
70 this motion provided some Que 81 t te ha Of
Miss Greeley and 4 more than one SHOULD na "
| Mr. Willams-It IL very hard TO SIT ana near STU
| ments made that are utterly without foundation "a
abstain from making Statements which place The
raeity Of the counsel IN question: IL ~oud &c fn,n
think he was trying this case In the neNSPapeis
see that days notice, by the statute, would haNo
@e Ss o Of Collector Ia0 Rar@ would
that time were allowed assent 70 ar HEY ,ii NJ
any of the executors under the old WILL they WON"
Mr. Hart~We suggest that Miss Ida Greeley be added
Mr. MISUNDERSTANDING have no objection 10 Mr.. Sin.
clair but am only influenced by his production OF that
WILL his letter in The Herald to-day aud Ills apsr1ce
have objection to Mr.. Cleveland;
Surrogate Coin-There is one thing -e must look al
There must be bonds given for doubethe amount OF tue
personal property We want 10 KNOW tue amount o 'he
penalty VI this bond.
After some further discussion the amount of the bond
| was fixed and Surrogate Coffin issued the fohoging
order:
In the matter OF proving the last will and testament 81
An application TO that effect having been made In
open court and all the parties appearing in the matter
erty of the deceased being agreed upon at $1,000 1t IL
hereby ordered that John +. Cleveland OF the city
NewYor be and he is hereby appointed collector OF the
estate OF sad deceased, PedenN .e on ming the BOND
| required by law. OWEN T. COFFIN Surrogate
ATTEMPTS TO SETTLE THE CONTROVERSY.
recess was then taken for half an hour await the
arrival of Miss Lampson, for whom carriage had been
sent. She arrived about o'clock.
Mr. Willams-I now rise TO make a few remarks which
| tend to put end 10 this controversy
Surrogate Cofin-Permit me to suggest thai these
.ds had better made " the counsel On the other
Mr. wiliams-There has been an effort try this case
before the public, By statements In the newspapers
make this suggestion, which ought to put end TO
Mr. Hart tafter uumportant remarks)-Permit me re
make two or three remarks. The counsel, instead OF
applying to u.s. has made his proposition public. We
regard his action as dsc3urteou. sna promptly aud
proposition OF that kind merely that 10 may appear In
the newspapers 10 struggle 70 ras9 up a to
gonis with the other Let the counsel hand his
proposition In writing 10 these young ladies' and IL Will
| receive respectful consideration.
| Mr.. Williams-We desire them TO give the property
mentioned in the will OF 1871 TO the brother and sister,
of the property If the executors this DONE aey
perfectly willing. II this brother and sister stand
back from this controversy then the executors stand
also But they have been charged by the father
with duty TO execute and cannot feel at liberty "a
stand back, II the infant daughter may now AT
this moment think tit to stand back They do net feel
at liberty to leave it the will OF Horace Greeley,
ey IS, w nSp nS} VIC Of the er stand 70 o1
the daughters except in her discretion 70 give 70 tho
| younger daughter she may see 1T. IL she gives
| shilling year. IL is her discretion.
Surrogate Cofn-If she does not exercise q reasona
bic discretion, the courts Will compel her TO do So
We feel that that last will Is not Horace Greeeys The