New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-16
LOCAL MISCELLANY.

A FORTUNE WRECKED BY THE WAR
AN INJUNCTION ASKED FOR TO REsrRAiS INTER
FERENCE WITH LARGE SUM on MONEY BE-
LONGING TO A SOUTHERN ESTATE.
A suit of unusual interest, involving the
control OF large amount OF property was argued yes
terday before Judge Donohue In Chambers OF inc ou
preme Court II il brought by VIM C. Church, as trus
tee OF Mary T.. Church. Maria H. Metcalf, anu Loraha
d. Martin and as executor of the last will and tesla
ment OF Thomas 9. Metca deceased. against Charles
L. Stone claiming TO bo the executor or administrator
OF Thomas 4. Metcaf and Duncan, Sherman u Co. Inc
motion yesterday was for an injunction restraining the
defendants dspOsng OF about s5oOOo belonging 10
the estate of Metcaf EK,Judge Porter appeared for
the plaintiff and argued tho motion. and Barlow La
ROGUE and Mas Farand opposed It, The history OF the
circumstances preceding and connected with the suit
referring a 1t incidents OF the Rebellion. is told
in the motion papers with all the redundancy OF legal
necessity, but the story briefly Is as follows:
In 1871 George Henry Metcaf father of Mary f.
Church and Maria H. Metcalf and husband Of Lorana d.
Metcalf-al mentioned in the ttle-died in Augusta,
Georgia. leaving q will in which he appointed his
brother Thomas g. Metcalf, Josiah Libby, and George
Collins trustees, and them $4,000 in trust Tor inc
sole and separate benefit OF his wife Lorana, ana too
TO them for each OF his two daughters, already men,
toned. In 1913 Thomas s. Metca with the consent OF
the other trustees, Invested portion OF the legacy
OF Lorana Metcalf-s3O,OOo-in $50 shares OF the
capital stock OF the Mechanics Bank Of Augusta,
and a portion of the funds Of the daughters In 81
shares for each. When the war broke out the
Mechanics Bank, OF which Thomas Metcalf was Presl-
dent from until 1865 loaned to the Confederate States
the assets OF the bank amounting to 100000 without
further security than the worthless notes Of the
Confederate aud at the close OF the war the bank
failed, It is charged through the mismanagement OF
Mecaf who ardent supporter OF the Rebellion
and the funds wasted and destroyed being
held in his own trustee. Other charges OF
fragrant and Intentional wrong are made against Met
CALI Among them that as he acted as financial agent
and depository OF the Confederate States he had control
OF immense OF gold and well aware all the time OF
the worthlessness OF the securities given TO the banK ne
invested money personally In the purchase Oh colton'
and was at the end OF the war worth $3,0OO,O0O.
On July q 1866 George Collins resigned his trusteeship
under the will Of the elder Metcalf and VIM C. Church
was appointed in his place by the widow of Metca On
Aug 49, 1866 Thomas g. Metcalf and Josiah sibey also
resigned, and Church left sole trustee, and he
brings the present action such. In 1870 Thomas g.
Metoslf died and appointed in his will VIM. T. Gould
and Jacob Danforth OF Augusta, and VIM G. Church OF
NewYor state his executors. Gould declined to serve,
aud Church did not qualify such, under advice from
counsel that the laws or Georgia disseminated against
nonresident executors giving security, and that
heavy bonds would be required. He, however. never
renOunccd Danforth accepted the trust and acted until
PENDANT. his executor, claims now tho right TO act
executor OF Thomas g. Metcalf though the plaintiff
alleges that Stone has given no security emitting
him to administer upon the estate, since at the
time of Metcars death 1t thought that he was
hopclessy nsolyent, and that security would he
CURED The complaint states that the close OF the
late the United States Government seized and sold
large quantity OF cotton belonging to Metcalf, at
Savannah that Metcalf subsequently recovered a
judgment against the Government III the Court OF
Claims, and that the Government last April paid the
claim, amounting to SIo2i2 OF, s25O00O or which be-
longed to Batesby, British subject and resident
in Great Britain, with whom Metcalr possessed the
claim, and the other $2SO0O0 orhereab0u going TO Met
calls estate. The money paid into the hands Of
Duncan. sherman & Co. Qncuding Mr.. GRAIN. Bat
tersby received his portion, and there IS now remaining
IN the hands OF Duncan, Sherman Co. about s23OOOO
belonging To Metcalfs estate.
in regard to the control OF this money that Church
and stone are in controversy Church declaring that
would remove II out OF this State. He therefore
asks an injunction 10 prevent Duncan Sherman Co.
paying any part Of the fund TO stone until
the controversy between him and Stone is de-
cided, any else except himself another
against Stone restraining hun from receiving or
Interfering with the fund, conveying II out or the
lie also asks that the defendants be decreed TO
pay the money aud assets Of the estate OF Metcat
10 him. The suit Is brought IN the interest Of the chill
dren only, the widow OF the elder Metcalf being
deceased. The defendants insist that the whole ques
for the Georgia courts, and that IN any case
Church has right To bring the suit. They also deny,
among other things, that Battersby and Mecalf have
settled their affairs. Judge Donohue took the papers
yesterday, reservIDg his decision.