The New York herald., 1875-09-26
THE COURTS.
The James B. Taylor win Case Again-Spirit-
ualiStic Developments.
WIDOW TAYLOR AND RUFUS F. ANDREWS
Motion for Substitution of CounseADe-
cision Reserved.


Taylor, record of whose has often pub
hshed in connection with the prolonged litigation over
his will as to render it unnecessary repeat here,
died on the 22d Of August, 1870. 1t believed
That he died ntestate until several weeks after
ward his will, or rather document claiming to be his
last testament found snugly hidden away IN a
volume of "Benton's Thirty Years in the United
States Senate" BY the terms Of this instrument The
bulk ofhs estate valued al S7OO OOO was devised
to his wife, Mrs Laura S. Taylor Upon offering the
document for probate Mrs Kate b. Rowland ente,ed a
protest against it the ground that it was forgery
And here rather curious story is told. While Mrs.
Rowland claims to be niece and heir of the
deceased, and is declared by Mrs. Taylor to be her
piece, an affidavit has been made in other
proceedings touching the right to the estate that she
was no blood relation but adopted daughter of the
deceden and that he had always treated her his
daughter The proceedings before the Surrogate lasted
some three months which resulted in Surrogate Hutch
ings admitting the Will to probate. An appeal was
taken to the Supreme Court General Term where the
decree of the Surrogate having affirmed the case
carried to the Court of Appeals Before the latter
tribunal there was very lengthy argument Senator
Herman being Of the who appeared for Mrs
Taylor By the Court the decision of the Surrogate
reversed and the remitted the Supreme Court
for trial by jury When the will first offered for
probate Mrs. Taylor employed Rufus Andrews her
counsel In May last she notified him by letter that
she did not require his professional services any
longer, and upon such notification, a notice
70 substitute other counsel was made in
the Supreme Court This motion came up for argu-
ment yesterday, before Judge Donohue in Supreme
Court, Chambers There a large crowd in attend
ance and the proceedings being their very nature
ofspecia interest to the legal fraternity listened
to With marked interest by the throng of lawyers
present Colonel George W. Wingate appeared for tho
widow and in support of the motion for substitution of
counsel while behalf of Mr. Andrews there appeared
exUnlted States Attorney Samuel G. Courtney and Mr.
Richard Busteed.
AFFIDAVIT OF MRS. TAYLOR
The proceedings opened with the reading by Colonel
Wngate Of Mrs. Taylors aIidavt After reciting the
facts connected with the probate of the will and the
employment Of Mr.. Andrews as her counsel in all
matters relating to her estate she that although
she continued to allow him in that capacity and
followed his suggestions and advice almost implicitly
up TO May last, yet during this period
her confidence in him, although not destroyed
was so greatly impaired that she frequently
urged him employ other counsel TO cooperate with
him, but without In this connection she
quotes from letter of Mr. Andrews to her. which, if
not in the Beecher vein of epsolary literature at least
quotes from the great Brooklyn preacher the quotation
being as follows-'I do not propose battle the
enemy in front and be bothered constantly by set of
designing scoundres and fools who putting up jobs
In the rear. You need have no further
trouble with me- propose to step down and out,
and then you can have such lawyers you and your
advisers choose do not propose discuss the subject
further Try your new friends, and let me know when
you find another as faithful as have been" Mrs.
Taylor then goes on to say that she received
gage on her house foreclosed. She got
no satisfaction to what going on and the
suit was apparently as far from settlement ever
after five years. Consequently she wrote TO Mr. An
drews on May "a that his services were longer
quired but he declined TO leave the matter negotiate
with the counsel named as his substitute. He appeared
for her at Utica where eight suits pending against
her. She there applied for substitution counsel
but Mr. Andrews opposed by reading an affidavit that
she had frequent conversations with spirits consulting
her oead husband and that she was not competent to
Judge who should be her counsel She further AYERS
that If this true 1t breach OF professional
honor and courtesy to state it, but that is true
and she could not further continue Mr. Andrews as
counsel without loss of selerespec She says in con-
cluson If he has any claims against her the estate is
able pay it. and she have the case conducted
by Wingate Il Cullen.
AFFIDAVIT op MR.. ANDREWS
Anor the reading of the above affidavit Mr. Busted
proceeded to read the afidavits in reply beginning
with that of Mr. Andrews This a very vouminous
document giving in detail account Of his services
rendered counsel for Mrs Taylor since the probate of
The Will OF her deceased husband He pronounces as
wholly untrue the statement OF Mrs Taylor that since
The decision of the Court OF Appeals reversing the udg-
of the Supreme Court and the decree Of the Sur
rogate in September 1873, nothing further has been
done to try the questions involved On the contrary he
that subsequent to the rendition of the decision
by the Court of Appeals, the attorney for the plaintiff
having delayed for months procure and enter
remitttur in the Supreme Court he obtained the same
and gave notice that he should apply 10 the
Court for leave on motion to enter judgment
on such remittItur; that he subsequently, after
long argument to the settlement OF the order pre-
pared elaborate points for the argument of the motion
appeal TO the General Term that the order appealed
from affirmed; that he also framed and prepared
proposed issues for settlement directed by the re-
mittitur that went to Washington to consult with
Roscoe Conkng retained associate counsel; that
The settlement OF the issues finally referred to Pho
Ruggles; that the order filed on the oath of No
nhpr md hat oll htC
been making preparations for the trial Of the case He
states further that shortly after the order of reference
made Mrs Taylor informed him that friendly rea-
lions about being established between herself and
the plaintiff that she desired him 10 suspend further
action to the trial until directed by her; that
the 23d day Of September, 1874, a writ
OF prohibition was granted by Judge Donohue,
prohibiting the executor and executrx from dong
anything whatever concerning the property be-
longing to the estate of Mr. Taylor with order TO
show why the writ should not be continued that
the papers be prepared the case were voumnous and
difficult; that there several arguments; that
pending an appeal from Judge Donohue's decision to
the General Term appeal taken in eight suits
then pending in Oneida county, which have been de-
cded adversely to the executor and executrx by the
General Term of the Fourth Department; that these
involved additional labor and that pending ali these
matters he was kept constantly and assiduously en-
ployed; that in all these proceedings he
cessu and that the utmost satisfaction expressed
by Mrs Taylor in regard to bis professional conduct
He next explains how he endeavored protect
Mrs Tayors property against fore closure and that the
failure fault of his He charges all the alleged
delays 10 the numerous motions nterposed on behalf
Of the plaintiff which motions he says made for
the purposes of delay and nothing else In reference
10 the motion for substitution in the pend
ing in Oneida county, he says he opposed the same
because the aidavits upon which IL was based were
mainly and because he deemed the proceedings
OUTRAGE ON HIS PROFESSIONAL CONDUCT
and made without justihable excuse. AZ 10
the general allegation OF dissatisfaction says that
the Grst he had Of anything OF the kind
dated the 18th day OF May, 1874 but
ing him week later bearing the signature OF Mrs Tay-
or In which she states that she has made arrange
mentg go.th N ke IA i'm
70 deliver them all the papers in his possession
appertaning the In this connection he states
that for three years past he bad been greatly annoyed
the persistent requests OF Mrs Taylor 10 associate
with him other counsel; that pursuant 70 such
quest he did employ Mr. Edward ". Stoughton, Ros- |
Conkling and Francis Kernan that she men
toned numerous other persons she wished employed
as counsel that in the conduct of the litigation he has
been frequent visitor her house, that he has told
everything In connection with the progress Of the |