The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-05
THE COURTS.
Throwing Guards Around William
A. Virtues Estate.
IMPORTANT DECISION DY JUDGE BARRETT.
Powers of Insurance Agents to
Bind Their Principal.
WILL OF A CHARITABLE LADY.

Recently there appeared exclusively in the HERALD
report OF suit brought by the administrators OF the
estate OF lillian A. Virtue to set aside deeds OF props
erty in which Helen = Bellew, Augustus Funk. August
Funk, Marie Funk and George and Michael Cato are
alleged to have Interest In their complaint the
adnins,rators-Danisl Lord and others-charsc that
the deeds and leases referred we're obtained from
the deceased without consideration and BY the exercise
OF undue influence over him by the defendant Helen
S. Beilcw especially temporary injunction was OBJ.
tanned from The Supreme Court restraining The defend
ants from assigning away the deeds and leases In ques-
tion and also from prosecuting certain suits In other
enforce claims against the estate alleged TO
be without foundation or consideration. On notice
80 show why this injunction should not DO con.
hnued until the termination OF tho suit brought
BY the administrators the defendants APP
pcared in Supreme Court Chambers, before
Judge Barrett submitted alidavits denying
tho allegations OF the complaint in relation
to the exercise OF undue influence on inc part OF Tho
Defendants or any OF them, IN obtaining the convey
ances aud leases involved IN the action anu denying
generally specifically all tho equities oil the plain.
t,ls' case. On these conflicting ahdavits on both
sides argument was heard at The last term OF the
court plaintiffs insisting that the facts authorized tue
Continuance OF the temporary injunction ana tho &C.
PENDANTS that IT should be dissolved. judge barrett
took the matter under consideration and yesterday
rendered decision IN favor OF the administrators Of
the estate In his writtcn opinion IN the case no
saYs"A careful pcrusal Of all The papers tinciudpg
the deposition OF Miss Belew in the Surrogato's
Court which is far from Satisfactory leads me To the
conclusion that prima ace case - made out ana
that plaintiffs would have been derelct in their duty II
they had iied tho bill. The mere statement Of the
transactions sufficient TO justify the institution OF
judicial inquiry II Is not case Tor the summary as.
solution the injunction upon u denial oil the
equities. Nor the TO be tried upon ahdaVits,
but upon tho examination Of the parties and the w.t.
There is enough. besides what Is stated upon
information aud belief 10 warrant the continuance OF
tho injunction peculiar case until the hearing"
The Judge also concludes TO eDjon the defendants
from prosecuting the actions which they have insi
tued in other courts but makes condition that So
curity be gwen those OF the defendants who
are prosecuting common law actions IN relation TO the
matters controversy against prejudice TO any rights
they may finally be able TO show they possess, and
ng fu! Of their clams with interest
aud costa He further directs that the plantns In this
suit II required by defendants, shall consent TO the
framing oil and tho trial OF the Same before
Jury within stated PERIOD Plaintiffs must also fur
nish further undertaking TO Miss Below IN the SUN
OF 81. 900 ana to Mrs. Funk IN the sum OF $500 10
them against any damage they may sustain BY
reason OF the continuance vi the Injunction.