The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-19
THE FOX ESTATE CONTEST.

APPLICATION ON BEHALF OF THE HEIRS AT
LAW BEFORE TIE KINGS COUNTY suRRo-
GATE.
The litigation over the estate OF the late Charles Fox
came up Brooklyn before Surrogate Daley yesterday
on an application OF Mrs Mary Fox 10 compel
NJ Disbrow to render accounting guardian OF the
children OF the late james Fox. Charles Fox left an
estate consisting of two farms In Iowa and valuable
property New York and Brooklyn said to be valued
IN all at 100000 The property is to DO divided
equally among the three children. The application
sets forth that Mary Fox. the widow Of James Fox,
lives in the city Of Brooklyn, and that
the said James Fox lett surviving him
three children, Ann, Joseph and George, ard that
Charles Fox brother of the said James Fox, lett HIM
surviving the sald Ann, Joseph and George Fox his
only heirs at law, leaving an estate which descended
10 said children that aftor tho death OF Charles
Fox ono Benjamin n Disbrow, VINO resides AT No 1872
President street, Brooklyn, on ABOUT February,
OF The SAID survivors all Of whom at that time
under the age OF fourteen years; that two oil the
chudren-Ann and Joseph Fox-have since reached
the age OF fourteen years that April g. 1877 they
mado application that their mother, Mary Fox,
should be appointed guardian. She was duly ap-
pointed such ny the Surrogate OF Kingg county,
thus superscding Benjamin IL. Dsbrow The afhda-
Wit further set forth that she mas PAID all the
expenses Of the maintenance and education OF the
children; that Mr. DIsDrow has been in receipt oi
large OF money rents Of tho real estate, and has
mover paid the heirs portion thereof that he has
rented leased the said real estate his son,
and less than could have been secured from
other and responsible persons Tho applicant has
caused notice OF her appointment as guardian aud
demand for the pay ana transfer oil tho said
vvors estate to her TO be personally served upon Ben
jamin n. Dsbrow, but ho has neglected to make
sucn payment aud transfer. II is, therefore,
asked That he may be required 70 render
nnai account OF his proceedings guardian OF the
tate OF the said Ann aud Joseph Fox, and to pay
tho property his hands to Mary Fox their guardan
and also that he be required 70 show cause why an at
tachmcnt should not be issued against him.
MIR. DIsBRow's DENIAL
Tho following affidavit OF Mr. DIsbrow was read by
his COUNSEL
"Benjamin N. Disbrow being duly sworn, says that
at the earnest solicitation OF Mary Fox the petitioner
herein, consented to aud qualified as guardian Of
the inants herein anu commenced proceedings to de-
clare null aud VOID the Will Of the late Charles Fox de-
ceased, who brothern-Iaw OF this dcponont that
such proceedings mad before the Surrogate OF
New York county that said WILL was declared void
to tho estate and by the Surrogate's decree the
United States look by request all the personal prop
crty OF the deceased.
.From III decree appeal was taken by the United
States poycrnmen--hrst TO tue General Term oi Tho
Supreme Court then TO tho Court o Appeals and then
which appeals the decree OF the surrogate was sus-
that during tho pendcncy oil those proceedings,
which were not terminated until last May, dcponcnt
In possession OF the real estate oil doceasod ny
oraer the Supreme Court, aud deponont Is now IN
possession by virtue OF said order Deponent further
says that about ago tho petitioner took pro-
Greetings against this deponent tho Supreme Court
alter iul hearing upon the merits they were dis
paid Deponcnt further says that no denies each and
every charge Of wronedoing the petition herein and
demands a iuli investigation OF The same"
Argument was heard before the Surrogate, who or
for the present adjourned tho further hearing OF
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