The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-24

tion. The statement he made In answer 10 the ~
portor's quettlons was as follows
In conici; 10 Judge AcCunn's viii was named 40
one OF the executors He appointed In the will his
wife and his brother, Thomas McCunn executors The
WIZ does not specify them trustees. but creates
trust ana appoints thcm to take of the trust The
dispute between them and me is As 70 whether am
trustee jointly With them. There suit pend
ity Of tho will A receiver was app o,nted
on my notion because I did not think
The properly safe n Their hands managed the estate
away IN the country last July, agent was appointed
% collect the rents Of the estate add dcpos, them IL
Of the three executors While I was AWAY MIRA
McCunn and Thomas McCunn closed up this account
hands Irnorea me .iloss,Ser n'c snsr own
mcfarland. ADVISED INC TO bring nave the dis.
puted question settled. The validity Of the win ID
being contested by Elizabeth Patterson daughter OF
half brother TO the Judge, on technical point the
cain being that certain clause OF tho VIII Ia void.
The point Of the contest II sustained, would have the
As to the arrost Of Mrs. MeCaun and
do with IT, and do not know o! my own knowledge
whether the hns had them arrested Tor
with order by The receiver ordering TO over
to MIN all books papers, &c, relating 10 the estate in
my hands ard suppose the other executors werc
served with a similar notice. When they CON-
mcnced To act with in May. 1875 l gave
them the combination Of the safe in which the papers,
&c, were. They at changed the combination, 10
that II wanted to- could not get At them. Not
having any papers, therefore, when the order OF the
receiver scrvrd me, made answer accordingly.
presume II Mrs McCunn and Thomas did not obcy
the order al the and they have been arrested
~ his instance II Is for contempt OF court
In answer TO a question OF the reporter Mr.. Gnno
said:--lf Mrs. McCunn and Thomas were not ncompc-
tent in the management of the estate do
not think that the Judge would have granted
the appointment Of receiver. In my affdavis
alleged mismsnagemcnt their part, from facts that
could not be denied. lie also added: While the
ton for the appointment Of receiver tending,
statements made that my accounts were IN
arrears for tho time l managed the estate These
statements were entirely unfounded The accounts
now In the hands Of Rufus r. Andrews,
the referee on the case, and his decision
will show that they we've correct As IN
instance Of the way the estate WAS managed ny Mrs.
McCunn and Thomas Mr.. Gano stated that since tina
will offered Tor probate they had employed Jour
teen different set OF counsel among them such promi-
nent men as B. +. DnnninR, A. Oakley Hall, Judge Fan
cher and W. w. Mcfarland. This instance alone, Mr..
Gano believed, showed that Mrs. McCunn and Thomas
age such large estate as Judge McCunn had lcfk
WILL n ALL ENDy
II Will be seen by the statements or Mrs. McCunn
the one side and that OF Mr.. Gano the other thai
there Is wide margin left for speculation TO which
one tells the truth. Mrs McCDnn's comes up OF
the 2Sth insL and Thomas McCunns the LIST OF July
As the lady stouty asserts that she will obey the
RECEIVERS orders to up the books and papers
her possession and will not give ball. her stay Lud.
low street will doubtless be prolonged and the up.
shot may be tho blowing open OF sale by order OF the
Court and new for the lawyers with more COM
pcatons than the combinations Of the safe lock itself