The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-14
MRS. Ia BAu's DnmiyD FOR SEQ. ooo.
An accidental Struggle In the Fight over Com
modore Nsnd~rbiIt's win.

The motion to allow Mrs. La Bau s20.0O0
out Of the estate ~ Commodore Vanderbilt rn-
argued before Surrogate Calvin yesterday. Mr.
SOFT Lord read Mrs La Bius affidavit. which
in effect was that since her fathers death she
md boon deprived Il the $4,000 year that she
had received from him in his lifetime; that.
from various causes. her income had been TO-
duccd from $4,000 To about $500. and that sho
required the advance requested 10 support her
SELF and family us they lad been accustomed TO
live.
The answer e. Mrs Ia Bans afldavit. read hy
Mr. Henry l.. Clinton. WAS that the petitioner
had large property for the support Of her fam
lbs. THAT no part Of her share of tho osiilt, was
necessary for her maiff nance. and that She
Was not entitled 10 receive any Part 81 il until
after one YEAR from the granting q letter toe
tAm.uinry. or until after the decision NJ the
contest Mr.. Clinton WAS willing that tho mat
tor fh4uld go before referee.
Str. Lord enid that the petitioners AFFIDAVIT re-
cited spo ~ iNofs showing that She had not
means enough - support her family, AMI that
ih' '"uhb'r."lll"N ". Z. EVn-It! urntN. IL o.
dli not -"c the necessity OF submitting the facts
L. i referee.
tn question Of the jurl siiction Of the Sur
rogutr In the cHSe arose here ON a motion by
Mr.. Clinton to dismiss the petition. A long
ur-ument followed. MIR. Clinton held that the
statute authorizing th' making Il allowances
for iega'oos applied a. wills that were not con
i'-tai. Mrs In Bau Gas not entitled to a dol
lar under either the VIII or tho loiter- testa-
/
sustained or tho w III boon set aside. Tho Court
could NOT di-tr Int" an estate uNtil II had been
Juilciuliy decided who WINS entitled 10 receive
[ any part Of II. The petitioner was IN the same
pos ton as on Nh" dHy after Commodore Nau-
drrDllrs death. and hv her own action. The
executors had offered to pay her legacy. She
h0d refused IT, and had come into court 20 liz
up the hands of tho executors, that thcv could
not pay any oi the lcgao irs. She could not now
/ draw from the legacy mat rhe had rrius ed and
prohibited the cNtcutors from paying.
Mr. Lord replied that the power o. the Surro-
gate was separate from that OF the executors.
Hc could allow out OF the csi0tc II II was ono
| third larger than the specified lepnire q SUM-
crnt SUM for th. support 81 the lcgat'c. Ia his
case the letters tstnmcnt0ry were granted in
! March last. ana IN" statul" gave the Court the
power "a max" allowances for one wear after
The granting of surh letters. Tho Court WAS
not prevented from making an allowance TO a
i,eat"e hy the temporary stoppaEe OF the exec
Uors powers, Mr., In Bru could not l." pun
/ ish,d for asserting her right 10 contest the Will
The executors could moi pay the lcgacics wltlD
the cu-c was under adjudication, Bui the stat
/ utr gavo the surrogate power to make sn,l
| allowance as he might ihluk necessary, AMI ~
! this cusn an Allowance Wds nr'essurv. Tn.
/ Surrogate had the power to take Tia" estate en-
/ tirrly ont Of the hands Of the executors and ap
| point special administrator.
/ TIL" SurrogHi" reserved hls decision ON th'
| question Of jurisdiction.