The New York herald., 1876-03-23
THE M'CUNN ESTATE.

IT is AGAIN IN THE CoURT-RKMARKABLE APP
PEAL FOR TIE PROPERTY TO DE TAKEN OUT
OF THE HANDS OF THE ExEcUTRI1 AND Ex-
EcUToR
The estate OF the late Judge McCunn has been the
subject OF good deal of vexatious litigation in tho
since the Will dcvising It first offered for
probate. Tho will contested at first by persons
claiming to be children OF half brother of the do
ceased Judge After proractei examination of their
claim 1t thrown out OF and the will ad
mted TO probate The property lett by the Judge
estimated at 100000 The will nominated Mrs.
McCunn and the Judges brother Thomas his exccu
trx and executor and ordered that his estate should
remain in trus. with them for six years. during
which time certain lcgacies we're to be paid,
and at tho end OF the years the whole
property willed to be sod hall the proceeds go
TO Mrs. McCunn the residue OF the other half, after
dschargng some minor legaces, is to so James and
Thomas McCunn One legacy TO be paid is a OF
$40 900 in certain annual insamcns to the two
OF James NJ. Gapo, Mrs McCunn's bro:her-in-law who
In 6nal codcil Is also nominated of the
tors After tho admission OF the will TO probate Mr.
Gano, who had collected the rents &c, In Judge
McCunn's lifetime, continued TO administer The affairs
OF the estate by permission OF Mrs McCunn and Mr..
Thomas McCunn Al the end OF about two years and
nine months there was an accounting, and since
then Mrs. McCunn And the Judges brother Thomas,
have had the affairs of tho estate attended 10 by their
agent Within two weeks Mr.. Gano has caused them
served however with notice OF an application on
his part for the appointment OF receiver, on the
ground of
ALLKGxD M1sMANAGEMENr By THEM
The papers upon which this application is based 1t
appears, alegc that neither Thomas Mrs. McCunn
knows how TO manage the estatc that they have per
mittcd the property in their 10 depreciae value
by the foreclosure OF mortgages and in various other
ways that Mrs McCunn is under the influence of
Thomas McCunn to the prejudice OF her own interest
and the interest OF others concerned In the just ad-
minstraton OF the estate, and that evils and abuses
exist which the Courts may remedy by the appoint
ment OF receiver In answer to these allegations,
which the brother aud widow OF the late Judge say
brought divert from their proper channels the
revenues OF the estate grave charges Of mismanage-
alleged against Mr. Gano by the executor and
executrx, defendants. They thut since de-
priving Mr. Gano OF the management of tho property
they have found that Its income is equal to $
nually. but that during the whole time he conducted
Its affairs they did not receive from him over $40 600
altogether. His accounting to them, thay saw
altogether unsatisfactory, and they HIM OF
gross improprelies. But. besides the alleged msman-
agement OF the estate by him, Mrs McCunn further
charges HIM with the appropriation OF $40 900 cash.
The day before tho Judges death, Mrs. McCunn says
he he handed her roll OF money 10 put In the safe
After the funeral, while Mr. Gano was
present the safe was opened and the roll of
money taken out by herself and Mr. Gano Gano then
counted It, she states, and told her that the
was $4,000, and telling her that he would put It in
the bark Tor her took the roll away with him. giving
her his l. o. U. for 1t. day two later he told her
he had deposited IL In different banks in his nam0
for her add that is the last she ever saw Of it, This
which left her uncncumbored by her husband at
the time Of his death, she advised by Mr. Gano to
mortgage for $4,000 He told her she should obtain
that amount on II
TO PREVENT THE FORECLOSURE
of mortgage for $4,000 another of the houses lett
by the csator She says that return has been
made to her of this balance OF $4,000. II Is
also alleged that in addition TO the income OF tho
property Mr.. Gano, while agent collected $40, 900
life insurance policies so that his receipts during
the time OF his administration OF the estate mus. have
reached considerably over 500, O0O while the widow
and Thomas McCunn claim that he has only accounted,
accordng 10 his own figures, for about $4,000 Of this
The property embraced IN the Mccunn estate con-
siss Of the follow ing houses and lots Ten houses
Twenty fourth street, between Fifth and sixth ave-
nues; three houses in Nineteenth street. between
Eighth and Ninth avenues; iour in Tweny-second
street. between Eighth and Ninth avenues; two in the
street, between Ninth and Tenth avenues; one in
Twenty-6rst street, between seventh and Eighth
avenues; one stable In Twenty second street. be-
tween Tenth and Eleventh avenues one in
Twenty third street, between Ninth and Tenth ave-
nucs. and two lots in Twenty-secon street. below
Tenth avenue