The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-26
A MARRIAGE SETTLEMENT.
A Case That Has Plagued
Three Genera tons.
sHUTTLECOCK DECISIONS.
Nineteen Years in Court and the End
Not Yet.
CIRCUMSTANCES" AND NECESSITIES"

It may seem impossible that in the courts OF Now
York there could be found counterpart what may
become a counterpart, OF the little MISS Elite Charles
Dickens master fiction little episode in the Gen.
cral Term OF the Supreme Court yesterday episode
slight in itself that would readily escape notice
atogether-is proof to the contrary, however, and
shows that may be sutton in courts for many
years, waiting in vain for Judgment which ought
to be obtained lew months Tho case ls one which
has figured on the calendars TOR sixteen years. and
been IN litigation for still longer time
with the unpretendinG title OF Jones va But.
ler 1t Is case which has passed Though
every stage Of legal procedure reaching tho Court Of
Appeals. and, coming down again, three times making
its appearance in the General Term where IL was yes.
ierday or would have been If Judge Brady had not
been absent from the bench Its history remark.
able and the OF justice has been long delayed
by its course, that like Jarndyce and Jarndyce IL has
become joke, If IN nothing else, in being compared
with that monument OF chancery practice. II has its
story, oo which is scarcely less ptfu than that OF
the little mad old woman 'Beak House, y who
found bower the garden Of Lncon's Inn and
waited with her 'documents'' Tor sjudgment' on
the Day OF Judgment
FILiAL BEGor LAWSUIT.
Cecilia Ann Butler, the defendant IN this American
Jarndyce and Jarndycc is lady Of good standing and
position in this city, who has grown old in defending
rights in the courts OF the State As tho words in
Jarndyce and Jarndyce got into the without Know
ing how or why and could get out OF it, So Miss
Butler found herself In Jones against Butler without
any fault OF her own and she has found II equally I'm
possible to extricate herself And as Jarndyce aud
Jarndyce was originally about VIII and The trusts
under will, SO Jones against Butler IS
about marriage settlement aud tho trusts under
II. The defendant was not born when tho decd OF
executed and was only child when the trust
property lost in unfortunate speculatons As she
grew up she found herself in charge an old inhrm
mother, but she had wealthy brother who often
promised reward her for this service and he finally
kept his word by giving her deed for the property
dispute consideration of her ontinuance Of
and for long time thereafter her possession was un
disputed and there was no the years Of
litigation that were in reserve Tor her.
WHAT CAME OF MARRIAGE SETTLEMENT
The origin OF the suit which has put Miss Butler to
SO much Inconvenience ana expense and given ncr so
much trouble and anxiety had It's origin back as
1913 In that year Thomas 9. Butler, OF New York,
married Jane Ann Jones, OF Georgia, but being 'sn
trade as the trust deed expresses H. ne thai
q marriage settlement should BIO executed to prevent
his wlies estate IRON falling INTO tue hands his
creditors in case OF business misfortune The trust
deed provided that the property conveyed by should
be held for the and comfort Of the husband and
vile during their JOINT lives. II the husband died
before the wife tho property TO go the support
the widow and children, but If the died before
the husband which was tho result, there was no pro-
Tor the disposition of the estate Seab0rn Jones
named trustee the decd, but he died soon
aiterward and Thomas c. Butler, Sr the father the
Element the trustee camo into control OF considerable
trust property which aerward included the premises
al the OF Broome and Wooster streets In the
action originally there also claim Tor other prop
erty Howard street aud Fifteenth street. IL may
well be imagined that at that time property these
localities was not particularly valuable, per-
had the foresight tho wealth which in a
very lew years would accrue from such unprized pos
sessions Twenty years later value had increased
very ttIe and nobody toresaw the immense increase
OF the Doxt twenty years In tho mean time the
trustee, at the solicitation Of the husband and wife
was nlu nd ia IN
veyance under the trust, which, like the trusts under
the will in Jarndyce and Jarndyce, first dis
pute and as in the there nothing left In
litigation except costs, in the other nothing Is left
TO unravel but inextrcable series Of notions which
may represent only costs at last
''CIRCUMsTANCEs" AND "NECEssIriEs'
Tho trust deed contained provision allowing the
trustee to sell the properly and invest the in
any other productive iund or property II circum-
stances made necessary In such 'necessity"
is apt TO- become very important circumstance,
and Mr.. Thomas T. Butler, Jr., slow finding
these coroarcs work powerfully favor Of the ex
tnguishment OF the trust estate In 1919 he Jailed
business, aud from that year until 1924 he
precarious livelihood sometimes Mobile and some
Zines in New Rochelle. He had wife and three young
children 10 support circu mstanccs which Will make
almost any honest expedicnt snecessary IL nus ham
pcned that In the latter he conceived the purpose
OF carrying the 10 It's fullest extent and de-
termincd upon investing tho trust estate ''other
productive property" II thus that the trustee
induced to invest the trust funds in he factory
business at Paramus and subsequently at Dashvilie
Falls. Thomas q. Butler, Jr, managed the fact cries.
and IN ten years more be succeeded In losing the
crty sold Jonas Butler TO pay the Param US and
Nashville Falls debts In 1852 II passed by iced to
same n Thomas % ia ho
leaving several children, who are the plaintiffs in this
action
BsGINsISG OF THE srIr
The suit 10 to recover the property under the trusts
and was begun III 1885, after more than quarter OF
century OF undisturbed possession. Tho action was
begun the supreme Court, the plaintiffs claiming as
bcnc under the old marriage settlement upon
the grounds that the Broome street had been
cony n Of i'm net fax nd
HAD s'nco been conveyed, including Miss Cecilia
OF that trust, and asking that this properly,
together with the Howard street property and the
trust property and conveyed 10 new trustee to be
appointed by the Court The defendant dcmurred,
put In her answer. Tho case was referred TO William
Kent, but he died soon aiterward, aud ex.Judge
William Mitchell was then appointed referee, Tho
testimony was voiunnous but Judge Mitchell finally
made his report deciding IN the pantlhs favor. This
was the completion OF the first stages In action
which delay, and delay alone, Is TO make memorable.
snuTrLEcocK DECISIONS.
The referees report to be heard before Judge
Sutherland in 1865 Judge Sutherland decided that the
pieces properly Howard and Fifteenth streets
loDged to Miss Butler, and that the Broome street
premises we're trust roperty but Held that the con
veyance to Mss Butler good pass the lie
OF Thomas &. Butler, Jr. TINS decision was salisiac.
tory to neither sido, and both parties appealed to the
General Term. In 1869 the General Term held that
the Broomc street property trust properly, and
that the conveyance was not good 70 pass the lie
estate. The Court also directed the premises
70 be conveyed 10 a new trustee, and appointed
Hamilton W Merrill, Of New Rochelle, such trustee,
at the same time requiring Miss Butler TO pay to tho
trustee about 900 tor rents and profits which she had
collected. She paid the money and then appealed 10
tho Court OF Appeals The case was heard ny the
Commission OF Appeals in 1872, and that court decided
that the Broomc street property not trust prop
erty and that the plaintiffs could not maintain their
action undcr the trust deed. trial ordered,
which TO be heard before Judge Van Brunt al
SPECIAL Term, who decided that tho plaintiffs could
MAINTAIN their action either under the trust deed
heirs-at-aw. The plaintiffs appealed to the General
Term, while Miss Butler, the defendant, fol-
lowed up her advantage by motion before
Judge Barrett TO compel the trustee 10 turn
10 her the Broome street property which Is
about $50 and to account TO hcr Tor about
$25 600 besides for rent and profits, which he had col
lected. Judge Barrett granted the motion, and from
this the plaintiffs also appealed TO the General Term at
the same time applying to Judge WcstbrOOk TO stay