The New York herald., 1876-09-09
An Heiress-at-Law Who Insists
Upon Her Rights.
The Sculptor Of Elias IIOwe's Statue Snins
for His Money.
COUNTERFEITlNG
ITALIAN.
Dispute Over the Bate Flags Of the
Ninth Regiment

tion In other States we'll in this, and already
noticed In tho EsEALD, Miss Anna X. Gilman served
her reply yesterday 10 tho answer OF George r. Gil
TO her petition TO have him compelled to file
bonds OF the For years past, APP
pears by the papers, MIR Gilman has been the only
tive executor OF the estate, and in her petit
ton to compel him to give security Miss Anna
X Gilman, named in her fathers will ex-
ecutrx, alleges that she is tha daughter and
heir at law OF her father, the late Nathaniel Gilman,
who died in the month of December, 1859; that tho
will OF the deceased admitted to probate in this
city in May 1851, George f. Gilman, OF deceased
by his first wife, and Edward Mcclellan, a law,
jointly qualify ing executors and receiving posses
sion OF all the assets of the estate amounting in the
aggregate to at least 81 600 900; tina, she is entitled
under the will to one-tenh of such estate, with inter.
est and dividends thereon that in January 1874, the
Court, in decision then made, announced intcn-
tion TO protect her rights far in power, aud
III pursuance OF such announced intention she makes
this applications; that George +. Gilman has nearly all
the assets of the estate in his possession
ecuor, except 500 900 and small
paid to several OF the dstribuecs; that he
is engaged in extensive and hazardous
business, and the of said estate in
his possession jeopardy and great danger of
being lost; that said business tea ness has
been profitable for several years past, and she
in formed and believes, his notes sold in the
ket at very high rate of discount; that she is also
Informed that said executor dsposng Of his prop
ery 10 prevent her from securing her Just rights In
the estate that said executors are pre-
and do not afford security her her
rights and interest said and assets, especially
this time OF general financial depression. She
cludes by asking that the foregoing grounds tho
executor be directed TO deposit the one-tenth part of
all the assets OF the estate, shown by his uven-
D dividends thereon he
United States Trust Company subject to the order Of
the Court her sole application, Tor her sole benefit
aud the protection OF her individual rights and inter-
in sad estate and assets and that such portion be
taken from the funds and assets deposit IN the
Union Trust Company and tho United States Trust
Company.
To this petition Mr. Gilman makes very volumi-
nous answer, denying great part the allegations
therein contained lie alleges i'll substance
that the appraised value Of the estate but
s49l 49S 25; that is not that he holds all the
except Sle0, 900 anu small amounts paid
several the distributes, and how the petitioner can
justify such statements Is Impossible ior him to
In a hazardous business, his buspess-that OF "a
tea merchant-beng no more hazardous Than
any other mercantile business, anu
Quoted by him not in tho least hazardous that
that tho assets of the estate his hands in
danger OF being lost and untrue that the tea business
has not been profitable Tor few years past; that his
selling IN tho market at high rate OF dis
count that he Is g1sposing OF his property in
tends TO dispose OF It, wants TO prevent the pcti-
tioner from securing her just rights IN the
far from This he alleges that In order TO secure the
tuIoner, who STANDS the relation TO him OF half
sister, abundant competency, he offered 10 purchase
from her her interest the anu pay her there
Tor SloOOJ more than can bc realized by any one oil
the nine other heirs equally entitled with her to dis
trbutve share III The estate; tnat proceedings pre-
vously had it was determined that her share in the
estate of the value not exceed Si5 JO0 nclud-
Ing payments already made 10 her amounting 10
as coo Durns his lifetime, the answer continues,
nedUQuarters
lore and Office OF his executors brother-in-aw, Ed
ward Mcclellan who had MARI ed an elder sister be-
,orc death his father had purchased large iron
sale. which no put In Mr.. McCielans office. and in
which he kept his papers and valuables except
papers as he nishs see III 10 have about
his person from time to time Mr.. Mcclellan acting
conhdent.a assistant OF his ather during the last six
or seven years and upward OF his life. Alter his
fathers death the assets OF the estate which into
tho possession of Mr. Mcclellan ana himself continued
tie custody of Mr.. Mcclellan aud kept by hm,
he (eponenp supposed IN the saio belonging to the
estate IN his olhce, with Tho exception OF cash
hand, which was kept In bank some years since ali
the government bonds which had heretofore been
purchased by Mr. Mcclellan and himself, as invest
mcnts Of moneys Of ths estate were, by order OF tho
Court, deposited IN the Union Trust Company where
they ever since remained, except they have
been disposed OF iroSi time 10 time oy order Of the
Court The remainder OF the estate with some small
exceptions. continued IN the possession OF Nj McCcl
Ian, and was kept tie sale belonging to his (de-
poncnis, father IN his lifetime in the Office of
Mcclellan. Some time after an acc9untng made IN
is! to dsponenrs p Sst9nishmeht, s he learned
tho assets belonging to the estate IN personal
speouatious in Wall street, and Immediately upon be-
coming appriscd OF that TACT he communicated the IN
The petitioner and the other
The rcsuI the deposit In the United states Trust
Company of all the securities which had heretofore
bsen iu she possession OF Mr. Mcclellan, and which
had not been lost disposed OF by hnl, and except
such securities petitioner and her brother mad
not sot possession OF, aud such securities SAL re-
main deposit In April, .s.S upon an official IN
ycstigat!on unucr direction of the Court the whole
estate, not including the sums already paid out
reported at t3'2lIs, out OF which $Is3oo renamed
on deposit IN tue trust company, and The ds'r'ouve
xls4Fa nj fH. f.ftt IH.l At n eh
she had received on account s.5 Ooo IL Is believed by
persons Interested the estate that the petitioner has
received large sums OF money and large amounts OF
properly which she has not accounted tor and tha;
the amount for which she is responsible
aDounl Of her interest IN the estate,
bat she approximate amount OF which they have not
been abe 10 ascertain, owing to the petitioner neg
lceins 70 appear before the Auditor OF Accounts ap-
pointed by the Court. The oay assets IN his hands
belonging 20 she estate consist Of Lcnas United
States, which he purchased win The sum OF fI,1oo TO-
being ihc amount Oi principal and interest collected
D.. BIN from Nj Henry Mcclellan on his ndeb edncss
10 the estate he has also collected Mr.. McClei
Ian removed rom his exreusorshp the interest on
tire or,y United States registered bonds now on de-
losh IN ihe II non ffust COMPANY. His ldeponenpsl
iiher, in hs io time, aud between The 1883 and
ls5s iuclgs,yo from timeto time advanced him
tam moneys as part Of his prospective Interest in his
estate These advances were made by his sthcr he
says, 10 him with The Assurance his part that he
not expected to repay them to h.m TO has es-
tate, bui thcy were male aud Is account
o such prospective SHARE IA the estate ana the aggre
rate OF which $50 $40 v5 whereas his share OF tho
estate already asoertaned woud be l-rst $4,000
The notes given by him 10 his father. when we're
rivcn as nero mcinorsndums, into tho
hands OF The pc,It after her fathers death,
sud ON portion OF thcm she commenced SUIT and
oft aimed Judgment IN the state OF Name. sold
property there uLdcr execution issued thereon. For
ioss by lhs sale the this state snbsc-
aucny declared tho petitioner nust be rcmburscd
on smeul OF The estate. IN addition 10 shc assets
already mentioned being In his hands no admits that
he "a nlso held responsible by the Court TOR about
a. co. interest," but OF the moneys thus sdmittcd 10 TO
he'd tv MIN As alleges he mas paid out large
advances 10 dls.riDuecs OF tie estate and Tor eN-
lenscs, and j. cSnadeni that on The accounting now
ieusirs giving him credit for his tonth Interest IN
tlr estate ara nn fees and commissions as an
executor there vii - balance rouing 20 nm since
tho death o. his is'her. and commencing immediately
thsregpon c1arses tAst tue petitioner has lnyoNei
the .stat. n tndlrss aud vcxsiOns i.ai0h anu con-
froyssies courts OF The state of Name
M Ln r.t.rI Ill nl View lnrk