The New York herald., 1877-12-19
REUBEN wITHERs ESTATE.

A decision rendered yesterday BY Judge Davis
upon the application recently made before him, in
Supreme Court, Chambers, by General Daniel 4.
Bickles and Mr.. John Pyne, on behalf OF Mrs. Matilda
A. Wthers widow OF tho late Reuben Withers. former
President OF the Bank Of Commerce, 10 have
sciver OF the estate appointed, and for an order
directing payment to her oil allowance from moneys
In the hands Of her son, David d. withers
trustee OF tho estate. The particulars OF this
case, already published in tho HERALD, Will
DO remembered as presenting peculiarly
Interesting features. According 10 the will OF Reuben
Withers tho OF the estate to be paid his
widow during her lifetime. This income, amounting
to somo $2o COO year, has boen promptly paid until
within the last year, when some misunderstanding
arose between the mother and son, the result OF
which was his failure to make further remttanccs TO
her. Mrs. Withers tor years has been residing
Paris in style commensurate with her In
come, although a. present, ON account Of
Ill health, soJCurnng IN the South of France.
One reason given tor refusal TO send money
her that the same went tor The benefit OF one
OF chldrcn, such child, as plainly indicated in
Of hor letters, being Nine. Cora dc Whorst, the
prma donna, who, on account OF having gono on the
opcratic stage, was omitted III her fathers will II
was also claimed that money her
than she entitled TO- and charges were put by
Mr.. Withers Tor illegal commissions" and 'succes-
SION AK" Tho application resisted by Mr.. Jo-
rcph Laroque, on tho grounds stated, a1d upon tho
further ground that the estate had Dcen most judi
ciuusy administered.
In his opinion Judge Davis after recitng the facts
OF tho casc including the provisops Of the will states
thai careful examination OF the papers makes u per-
rccty TO his mind that the estate has been
aged with prudence aud diligence and as large In
como derived IRON II as was practicable. He next
alludes 10 the TACT that between October 1876,
November 1871 there was sent 10 her sl92lS 10 the
great bulk winch pad directly to her and tho
residue applied the payment OF her debts; that
Cumsanccs now exist arising from the advanced
age OF Mrs. Wilners, from her serious illness anu
from tho alleged control and influence OF
ono OF her Children which led Mr Wlthers TO tho con-
ruson that u was his duty not to mako iurther pay
mcnts drcctiy TO her, but To apply tho income 10 her
usc under his own direction. In this regard Judge
DAVIS thinks that Mr. Witncrs exercised, under the
elrcums tanoes, sound discretion there being good
rssson Tor supposing that some portion Of the later
rcmittances mad been improperly appropriated. Ho
holds tnat there Is nOtning improper IN hts
duct in this respect or inconsistent with his
continuation as trustee OF the estate The
motion. Tor receiver 10 therefore dcnied.
As TO the motion 10 direct immediate
allowance tor Mrs. Withers' benefit from OF tho
moneys IN his hands he holds that, In view OF tho
fact tnat the moncy already paid 10 her Is gono and
that nothing remains to pay OF ner existing doDts,
$1,000 be sent to her al through hcr attorney,
Mir. Pyne; but also orders IEat the latter give
count 10 the Court as to the expenditure oil such
money. On the subject OF "lcgai COMMISSIONS" he
chooses to exact such CLAIM. In regard,
however. to the claim OF $4,000 for ''suc.
cession taxi he holds that no such clam
exists, and that II cannot arise under the OF
Cousross, until alter Mrs. Wners' death. As to tho
CLAIM $4,000 held security Tor the return OF the
family slyerware he holds that alt hough personal
liability has attached to Mrs. Withers account OF
her removal OF tho same from this city TO Paris yti
ia regard to such sverware, bo allowed to protect
himself 10 extent and he allows Tho retention CT
$4,000 Tor this purpose In all other respects the
motion IL dcned with costs TO neither party.