The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-24
THE N'CUyy ESTATE
Queer Wrangle of Executors Over
a Judges Will.


The arrest and Incarceration in Ludlow Street Jail
yesterday Of Mrs. Jane MoCunn and Thomas McCunn,
widow and brother Of the late Judge McCunn Of this
city, occasoned considerable talk In certain circles
and the why and the wherefore freely discussed
Although many stories ahoat concerning tho
arrest the true facts OF the to be ms ollows
The Judge in his vii, appointed his widow, his
brother and James NJ Gano, who married his wife's
sister, his executors The sole management OF the
estate by Of the widow left in the hands Of
Mr. Gnno from the the will was admitted pro-
bate up to last July. when the widow In conjunction
with her took possession Of the estate,
ignoring Mr.. Gano altogether. Her reason for this
ton was her belief that Mr. Gano not faithful to
bis stewardship Last March Mr. Gano began . suit
against the widow and Thomas McCunn Jointly for the
appointment OF OF the estate on Of
tho lnoompetcncy Of the defendants and Tor the pur
pose Of having the question decided whether he or
trustee Of the as we'll MS the other two ex
ecutors The latter contcnded he not; that mas
much the judge in his will had created
trust and placed them alone in charge OF
Il for six years, and nasmuch he was merely
appointed OF the executors 10 codic,l 10 the will,
they had tho full and exclusive control OF tho estate
As co-plantn In tho suit Is Elizabeth Patterson,
who claims be the daughter OF a half brother OF tho
Judge She contests
VALIDITY THE WILL
tho ground that the clause limiting the trusteehp
Of the estate nna period is null and void GER
tain specific reasons given In her complaint and argues
that II tho clause is void the real estate 80 the
heirs Mt law, and the widow 10 entitled 10 her ono
third only. receiver appointed last April
by Judge Donohue A short time after his
appointments no ordered Mrs McCunn and Thomas
McCunn and Mr. Gano to turn over to him all the
books and papers IN their possession relating the
estate, together with account Of moneys received
while they had exclusive control OF tho estate. Mr.
Gano having papers In his possession mado return
to effect the receiver The other two executors
paid attention TO tho order and il is said purposely
kept out Of the way that other order could be
served upon them. Tho final result that the
Sheri7s officers managed to get hold OF thcm ycser-
day, when they were arrested on attachment and
committed Ludlow Street Jail in default OF ball. Mrs.
McCunn stating that she would stay In jail forever
right She also served with attachment signed
by Judge McAdam Tor contempt, in not appearing to
answer last May summons issued IN The snt OF Alex
ander and Samuel Clark, who had obtained execu-
ton for nearly 81 900 Tor plumbing work done for
estate The counsel for the Alcxanders that Mrs.
McCunn kept out Of the way since May "a ana Is
reaching her. 1--WE know the estate is good. said the
counseIs chief clerk land we wanted Mrs. McCunn;
for Thomas, he's not worth rod and didn't
for him. She has apparently been badly advised by
somebody from time TO time and has not always had
KOOu ieKnl auVlCe OF knc Olu ala not olIOW H.
order learn just how mater stood far as Mrs
McCunn concerned, HERALD reporter yesterday
afternoon called upon her II Ludlow Street Jail and bad
long talk with her Ia tho presence OF her brothern
law, Thomas She made tho following statement,
Thomas indorsing It as Gospel truth
WHAT MRS. x'cUxN SAYS.
JUDGE McCunn died the 9th OF july 1874 He left
q win In which he named rs executors James Gano.
who is the husband Of my sister; Thomas Mccunn,
brother 81 the Judge, and Jane w. McCunn, his own
WIFE, Besides, Thomas McCunn and MRS McCunn
made trustees Of the estate for six years. AT tho
follows -Onc half Of tho whole estate 10 70 10 the
widow. the other half 70 60 10 James and Thomas Nc
Gum, the two brothers Of the Judge, after paying
$1,000 each to the Two children OF James
tiers, $1,000 TO third and $1,000 to an aunt
OF his residing IN Ireland The vii: admitted 10
probate BY Surrogate Hutchngs the October following
the month IN which the Juuee died. Tho Will ut the
time was contested by parties by tho name OF Hct.
caiTs, however, thrown out In year after the
will admitted 10 probate received my dowry in
with my consent He continued TO have the control OF
IL for two years and nine months alter the pro-
butte l. of, O. the VIII ! finally lily, came TO The
estate properly and that he was squandcring money
derived IRON the estate IN reckless manner. wrote
10 Mr. Thomas Mccunn, who had long before advised
me not to have anthng to do with Martin Bachmann
from Elmlra twho hall brother OF Gano 81
whom Gsno had employed tho lawyer OF the
estate Mr.. Thomas McCann was Wiling that some
other lawyer on whom he myself and Mr.. Gano could
agree should be employed In his stead. Mr.. Thomas
took tho management ofthe estate INTO our hands
For about ten months wc were getting along nicely,
and Bachman made afdavits to the effect
thst We were letting the property 20 to
dcsruoon, that We were allowing the mortgages TO be
iorcclossd-In TACT, TINT We were incompetent to
age tho estate On the strength Of these adavts they
made motion before Judge Donohuc last March 10
have Us removed and . receiver appointed. We en-
ployed lawyer and placed In his hands countcr-ai-
dav!is TO be used when the should como up Tor
argument, but somehow the other side had II post
lima ttno nall 10 cba u0csir
counsel and when tho case camc up again he appeared
and asked for weeks .possponement in order
but the Judge only granted postponement iii
tho next day Our counsel then advised to let II go
Sy default. promising 70 have tho case tried in May
on the 18th Of April Our counsel then began SUIT in
which set down 10 DO tried In the second
week In May. When tho time came for tho trial. il
postponed again and again, and finally thrown or
the calendar Tor the term and postponed till the fail
term. Tho receiver took possessoa on the 1lrh Of
my my counsel. alter the receivers appoint.
no, pay to tho receiver. some OF them carn,
have not paid HIM and some have. lady rented my
house 20 refused 70 pay rent because The receiver
motion made before the Court, IL deposited In bahk
he accounted for at the conclusion OF the penung
suit; but II has been so often postponed, and is
postponed until the fall, am naturally left with
out any income from any source. This house was lett
Of tho remainder Of The estate, yet
tano got mortgage OF $4,000 on It 10 pay on a
mortgage OF foreclosure oil $4,000 oil the houses
" the estate. The fact is, Wis like chilc IN his
hands while he had control OF the estate and thinking
him honest and doing everything tor the best
scented 10 every suggestion he made conccring the
estate. About three weeks ago Mr.. Thomas NcCunn
was served with paper, signed by Judge Donohue,
ordering him and me to appear before the receiver
give account OF our management oil the estate and
10 give up all papers and documents relating to The
estate TO the receiver. No notice OF this kind
was served upon me- and I only heard OF
IL through Mr.. McCunn Mr.. McCunn, on
being served with this summons, placed II
In the hands Of our counsel, who told him that he
would Il, for him pay any attention TO IT,
The summons gave Mr. McCunn SIX days within which
10 do as u required In accordance with the
counsel paid attention 20 It, and the
thing that happened the arrest Of both OF
this morning Tor contempt Of court and here We arc in