The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-20
BROOKLYN COURTS.
SUPpeME COUaI-GEHeRAL TERM.

The Great jackson Estate Litigation
Reversing the Decision OF q Kcferec-
Judge BarnarG's Opinion.
Stephen G. Jackson and Wife vs.. BENJAMIN An
drews-I cannot concur with the referee in his
disposition OF this case, 1t seems to me that the
case is too plain for doubt. The plaintiff owned a
large real estate in Brooklyn. He was an DID, and,
doubtless, a poor business man. He was not ex-
travagant, but lacked that foresight which pru-
IDENTITY adapts his means to the preservation OF his
property. His taxes and assessments were un-
paid, of course. The defendant, Benjamin An
drews, had 1t seems, purchased at the tax sales
and taken certificates, for which he paid not mora
than $1,000 When the mortgage for the same
was given by the plaintiff It was given
to George G. Andrews, brother Of
Benjamin Andrews, and through Benjamin, who
acted as agent for George. A second and third
mortgage are given to George through the same
agency to cover future advances to be made by
George for plaintiff for taxes to be paid and for en-
cunbrances to be paid 1t does not appear that
George acted under the last two papers, The plain
tr was persuaded by BENJAMIN to give John An
TO pay taxes, assessments and encumbrances, with
Il view to pay Sheridan Judgment OF about four
teen hundred dollars. This was done; the place
at which business was done was usually the ONCE
of John Andrews, an attorney, where BENJAMIN
also occasionally transacted his business. John
mortgaged the property to one C0rdts Ior 81, 400,
and paid the Sheridan Judgment So that now the
case stands as follows George Andrews held
mortgage 1Or Sl,UUU; ne nttu duoIHeI oTuBuko
for such an amount as he should Thereafter
| pay for taxes and assessments, and third
paper which extended the second so that 1t Sh0ul0
cover all future advances to the plaintiff and AL
| liens and encumbranCes to be paid by him for
| plaintiff. John Andrews held the legal title as
| trustee Cordts had mortgage given by the trus-
tee for 81 400 to pay Judgment. The trustee also
| executed mortgage to Benjamin Andrews OF
S. 600 for assessment sales cancelled which is not
| proven to have ever been paid or tax sales can
| Celled by BENJAMIN Andrews. The narrative then
proceeds follows John Andrews, as trustee,
sells the entire property at auc ton, with the title
| thus appearing on the record, and the same Is
bought in Tor $500 by Rachel Andrews, vile oil Ben
jamin. Benjamin Andrews, as administrator OF
Thomas fOrecloses the Cordts mortgage, and
Rachel also buys at this SALE Thus papers
which had been executed by plaintiff to his
! confidential friend, Benjamin Andrews, and to the
members OF the family at his request and which
were to be used for his (plaintiff's) protection,
were used that the property Of plaintiff, worth
from fifty to eighty thousand dollars, was trans
erred to the vile Of this confidential and trusted
friend and agent and at an expense to this friend
of not over seven thousand five hundred dollars.
COrdts, IL is apparent from the evidence, was John
or Benjamin Andrews. Thomas ID. Andrews took
the McCUe and Toten lots for plaintiff, and he was
Benjamin Andrews IN both transactions cannot
concur IN the findings Of the referee that plaintiff
decided to Eliza Andrews. Indeed, as to the whole
stantially true. The transaction calls for such a
conclusion. and he should have the relief asked for
in his complaint The Judgment should be re-
versed, and a new trial granted at Special Term
and order of reference vacated costs to be deter
mi