The New York herald., 1877-10-02
An nliterate and Careless Executrix
Imprisoned for Contempt
MABEL LEONARD'S NEW ROLE
More Applicants for Discharge
from MatriYno onial Bonds.
FRAUDULENT LIFE INSURANCE DIVIDENDS

decision OF much Importance IN relation 70 the
responsibility OF executors OF wills and trustees gen.
orally and their liability for punishment for viola
t,on Of their trust was yesterday rendered by Surro-
Rate Calvin The case up motion to punish
hadaIiua Hahlin, late execuirix Of the last VIII ana
,estame MT OF Thomas Hahlin com piance with
decree Of the Court made on accounting, whereby
she was adjudged to pay TO Mary CRUDE the sum OF
Sl.ll2 ON the return TO the attachment the tcsti-
mouy taken showed substantially that the deceased
loft = tenement house somewhat encumbsred by mort
gage, and business OF purchasing and sale OF tho
broken meats OF hotels in this city, and the
general fragments remaining from their taoles tnat
The wi understood by the executrix required her
10 continue the businoss preserve 1t for her
eldest son when he should OF age; that for some
time shs did continue the business but. as she swears,
i, proving Improbable she disposed OF II, while there
was some testimony showing or tending 70 70
show that the business was prontaoie. sne
admitted under oath that soon after the de-
cease OF her husband, and IN 1869, she drew from
the savings bank the sum OF 81 49, the amount oi
legacy beQ TO her In the Will; that she had
collected the rents house. but had expenaed aii
such aud her own legacy IN paying some debts
OF the testator, In paying interest on the mortgage
making repairs upon the premises and n the support
o herself and children, go that she nad become en-
TREY destitute OF the by which 10 perform the
decree Below IS gwen tha, portion OF the Surrogales
opinion deciding the motion the question OF pun
Iii is true shc appears not TO have kept any
count OF her receipts and disbursements and to have
greatly neglected her duty as execatrx, yeti do not
DOUBT from the evidence That she has without au-
lhorlty expended the money and - now without
means to comply with the decree Under section =,
r. s. 10 Ed S39, the prisoner may be committed 10
prison until such sum- with the costs and expenses OF
The proceedings be paid BY section 20 same statute
il is provided that If the Court shall adJudge the
defendant 10 have been guilty OF tho mis-.
conduct alleged, and such misconduct was calculated
iur IN such court Il Shall proceed 10 impose fne or
10 imprison both but IL case OF inability TO perform
the reoulrements i'm posed the Court ordering such
Yn1prt me ms rel
such manner and upon sucn terms as 1t snail deem
just and proper. ln view OF TINS power testimony
upon the question OF the accused being able
to perform the requirements imposed, IN order
that the rcel might be Afforded without the formal
Imprisonment II proper shouId appear 10 have
been made though the scheme OF the statute seems to
contemplate the commitment hrst and The relief TO he
Bougnt thereafter. The natural repugnxnce to i'm
prisoning woman makes TINS proceeding peculiarly
unweicome yet whie the law provides
tor her appointment to such places oil trust see no
good reason why sic should not be held TO the same
strict accountability males II very often occurs
that an adninstratrx or cxecutrx called 70 account
who has used the funds OF Tor tho support
OF herself and family entirely regardless OF the rights
OF creditors, who seem TO suppose that they have
done right But Sill greater grievance as wen as
Inconvenience In very many cases from the ab
any account whatever oi the proceedings OF
the representatives OF estates resulting frequently
from their INABILITY TO read and write. l
that Il been the custom Of this Office for many
years TO issue letters to wholly illiterate
persons vshie with very rare exceptions the settle
OF the they have represented have been
attended with great expense uncertainty dlssatsiac
tion and family dlscord well Serious loss. In
view OF these we'll known facts, II seems to me that
henceiorth the spirit ot section Of chapter s2 oil the
Laws Of 1867 should be followed, and The discretion
there conferred exercised general rule, or the
danger granting letters to lterate persons there
suggested fully realized practice. Indeed,
sefeviaeat that where the law requires executors
md render account of their pro-
ccediDss such from lime 10 time IL presupposes
them u be capable OF keeping and rendering such
counts. Henceorth applications Tor letters testa-
nentary adm istration by any person unable 10
read and write should be refused, uness specially
dercd by the Surrogate. Inc prevalence OF trus-
tees deiacations has impeiied the Legislature
of this state enact Law calculated, by au
thorzing criminal prosecution, TO enforce The honest
performance by trustees Their delicate and RESPONSE.
BILE Chapter 20S OF the Laws OF 1871 makes The
USE o. the fraudulent withhold
ing OF any money, COOS, property. rights In action,
&C, belonging 10 estate person, by any person
acting us executor administrator trustee or guardian,
emoezzemeLt and punishable by nnc and imprison-
menL IL desirable tnat this law should be called 10
the attention all such trustees. and henceortn the
letters issued should contain indorsement by way OF
notice OF ts provisions. have deemed II to be my
duty say thus much upon the general subject ny
way OF calling attention 10 the duties and responsib-
ties Of trustees IN the hope mat 1t may re-
In diligent, faithful and honest
administration of their trusts. Now to the proper
sposton oil ;hs motion, the exccutrix may congrat
herself that the law just cited Is not retroactive
j entertain doubt the evidence that she is SUBJ
stantiay without the means OF performing the decree
In this matter ana that her imprisonment cannot ard
the beneficiary whose funds have beon misapprOpri-
ated And as the widow as doweress has an interest
IN the premises 1t seems 10 that that Interest
should be devoted 10 reimbursing the claimant. she
should be committed TO prison until she shall the
sum required 10 be paid by said decree and 800 costs
OF his proceeding, unless she shall a
OF SO Ii ucn interest the premises and
thereof As shall be necessary 10 cover such sums
MABEL LEONARD IN COURT.
The child actress, Mabel Leonard, and ner mother,
Ira Rogers, and hor stepfather John T. Rogers have
between them occupied Tor some time a considerable
share OF the OF tho courts Ii unnecessary
to recite ali The Of the they having already
bacn FIJI puD cd n le he luer O
is an actress, placed Mabel In benevolent Insttu-
tion here during her temporary absence from
The city. The Society iOr the Prevention VI
Cruelty to Children subsequently took charge oil the
child TO prevent the mo.ner resumns custody
oI her. and pending haDeas corpus proceedings by the
mother, Judge Donohue paced The cniid IN custody Of
J. Z. Herrlotl, husband oi Clara Norris with whom
the child had acled at the Union square Theatre.
Young Mabel escaped from Mr. Herriotts custody, aud
her mother aud stepatner were in contempt oil Court
Inc stepfather committed to Ludlow Street JAN,
winch he has long been seeking his discharge,
ella ming his innocence III The matter. Icantme the
mother and Mabel disappeared and went West On last
Saturday pignt US reported IN The HERALD, Mr. Jen-
klns, tue society TOR the Prevention cruelty TO
Children, arrested Dosn mother daughter bcnind
the scenes III Brooklyn theatre, where Mss Morris
performing. Both we're Kept III custody until yes
terday, wnen tney wero brought before Judge Dono-
hue. Mauel, who was most Leatly dressed and wear
ing her hat IN very Jaunty style On The SIDE o her
head the centre oi general not &c. and the
mother, VINO most tastsuIly aitired, came in
tor "A large share OF attention.
Mr. Deahed, counsel ior the soc.sty, asked that in
terroxalories ed lor the mother to answer which
was granted, ana in the meautlme the mother
mtted TO the custody OF the Kings county sheriff "
give time 10 arrange her household affairs. Mr
Alfred Ssckisr who appeared ON behalf OF tIe mother
in the absence at AlDuny OF Mr. William !. Howe,
counsel, asked that the child be remtted 10 the
touy the Sberif to her mother's custody. air.
Dellheld moved have her sent To the Episcopal
House vi Mercy pending proceedings. Judgc DoGonuo
said chlla nad been already taken out the
touy Of the Court best now TO place her
where she could not escape. The case was tnen ad-
toarned for three Jays the child bens ordercd TO the
house OF Mercy ana tho mother back to Brooklyn,
with Instructions that alter Bxcd up her household
matters she te ronandsd 10 the custody VI ths
Sheriff ol thls county.
When Judge Donohue had announced hrs decision
he the aud the crowd gathered about MABEL
and her mother. Mabel threw arms around her
mothers neck and hung sobping on ner bosom. lne
Kissed her ch lid again anu again. and mingled
tears with those vi her daughter. Mabel cried cut
that Mr.. jenkins had hunted ner down, and vowed
vengeance upon him. Mrs Rogers IN indignant lerfns
trembling voice. described the action vi the Court
outrage; said tnat she British subject, aad
announced her intention 10 appeal To her gVcrrincnt
for protection. IL have been nouoded from place 70
place by the officers oi thls society while was Gu.
aeavoring to obtain an honest hyiDg aud support my
rhtd.o Sbo called upon those about her 10 witness
A. guid At ob