The New York herald., 1877-12-06
THE WI7HERS ESTATE.
Sad Family Complications Given Pub
licity in the Courts.
A PRIMA DONNA IN THE CASE
A Mothers Accusations and a
Sons Refutations.

Family complications which Otherwise never woulo
have become known TO the public unhappily dnd fre
quent and painful publicity through invoking tho
courts ns the arbiier Of real imaginary wrongs
seldom there been developed more prominent
instance OF this kind than in proceedings recently
Instituted on behalf OF Mrs. Matilda A. witners,
widow or Reuben Withers, former president OF
the Bank OF Commerce, In suit against her son,
David Durham withers for an accounting as executor
trustee estate and Tor receiver and an al
lowance 70 her pending the determination OF tho ac-
tion The came up for argument yesterday be-
iore Judge Davis in Supreme Court, Chambers, Mrs.
Withers being represented by General Daniel f. Sick
los and John Pyne aud Mr. withers by Mr.. Joseph
Larocque Nearly the entire day was consumed In the
reading or papers and In the argument on the motion
THE wITHERs FAMILY
Mr. withers, who died in 1866, the time Of
mis- DEATH as IS well known very prominent In busi
ness and financial circles. He left widow and four
children, Two and two daughters One OF his
daughters, as also viii BIO remembered, was Cora
wilhorst, the prima donna. ON account, US
alleged, OF his personal dislike Of this daugh-
tcr's husband and also tho persistency on her
part opposition to his wishes to appear on the op
cratic stage he omitted her name IN his Will This
daughter having since become q widow and remar-
ried-her present name bei0g Nine. Dc Rancourt-is
now living with her mother IN Paris, where the latter
husband. The namc OF Cora Wilhorst IS not men,
sioned in any OF tho papers except in letter
OF Mrs. Withers, gwen below, In which
simple reference is made to hor but IN manner cal
culated, beyond all doubt to throw considerable
light upon the strata OF facts underlying the present
lliyaton Mr. Withers LETT an estate tho present
valuation OF which Is stated az $40 000 but in his
will no lett almost lhe entire income Of Il to his
widow. Mr.. D. D. Wnhers his son, residing In this
country, being the residuary egatee.
LETTERS AND AFFIDAvITA
Mr.. Pyne opened the case on behalf Of Mrs. Withers
by reading volulninous letters and adlGavits.
oi these letters reference considerable plate
let by Mr.. Reuben Wthers, valued 81, 900, which
1t Is claimed under tho VIII she was only entitled TO
which IL seems she took TO Paris with her, aud, as
alleged, has been obliged to use It rs collateral o OBJ
tain money 10 meet her urgent necessities Another
statement would make 1t appear that the silver
in the hands Of the United states Consul AT Paris
These letters and aiidavits 90 TO show that Mrs.
withers is in Of money, aud that she has not
ceived the entire amount claimed 10 be her due
OTHER SIDE OF THE STORY.
An opposing affidavit OF Mr.. Withers read by
Mr.. Larocque. In this affidavit Mr.. W,tners states
that his iather, Reuben Wthers, had named him as
executor trustee in his WILL but another
tor George X. J. Bowdoin, had acted alone until
tho lalter's death, in 1870 when he, much against
his inclination, and upon the urgent request of all
the parties In interest under the WILL upon HIM
sell the trust chiefly Tor The purpose or protecting the
interests OF his mo iher. He had since devoted very
large portion Of his time, to the exclusion OF all other
business, to the and management OF the trust
His father's viii was executed alter an under.
| standing with HIM, and with his full assent,
and no portion OF the estate or income could
in any contingency come TO him, his reason being
is now possessed Of an estate more than
adequate 10 meet all his necessities. He had
business except the management OF h,s estate
| but since, owing to the peculiar and exceptional
character Of the bulk Of ms fathers estate he had
father valued, ator paying or the debts, At
| $4,000 Through his personal hbors tho net in
| come OF tho estate largely Increased, enabling
| him to pay his mother annual income much
| larger than the nominal capital would ordins-
| Bowdon. The principal portions OF the estate con-
sisted OF quarter interest In the East River Ferry Com
Pary n,npposea ioss ' WILLIAMSBURG iss
shares OF stock OF the Bank OF New York and
an interest IN property IN Mary yiand which is
| Witnsrs says he has a. all times tried TO consult
her wishes expressed TO MIN by letters seas not
SO as 10 tho best his ability fulfil all his obga-
| t,ons and duties TO his mother as dutiiul
abied 10 pay her fifteen per cent upon its nventoriod
value.
His labors had ali received her most cor
dial approval, and she had until lew months past
| been proiuss in acknowledging his services There
had never been any suggestion OF any want of conli-
dence on her part, nor desire tor accounts.
except the statements contained IN his letters to
| her until in . letter last August she asked
year. HIS mother Is seventy seven yoars old, yet,
though not entirely well and strong physically, she
HAD until quite recently been OF strong mind. For
many years past had resided In Paris, where she
| had Kept house IN plain and comfortable manner.
SURPRISE SUSPICION
Mr. withers says urther that last April just after
his mother had received 500 francs RENTED by HIM,
ho received cable message that she was IN
mittance Of considerable sum was abso-
lutely necessary. AS she had written him
| that she would not need all Of her May income be
1 was very much surprised, and knowing that the
| moneys already remitted could not have been used
unless tor some unusual cause he undertook. before
remilting TO ascertain through memDcrs OF the family
Paris whether there was any necesrity for an ad-
| vance He was informed that his mother had bee n
seriously unwei and that her hysican had refused
her spokei TO about business, yet there was
no for assuming that IN any contingency Mrs.
| Withcrs could have suffered ior want OF anything,
/ even without any remittance, her daughter, Mira
| Paine, could ana would, nt all times, do what was
| necessary ana proper. he also learned that his
| mother was then in a.weak condition Of mind,
unable TO attend TO any business and wholly under
the Influence and control oil tho daughter then re-
| siding with her, while all the remaining members OF
her family then In Paris werc unable to sec hcr. or
they see her. not without hc presence OF this
daughter, and there were grave reasons Tor believing
| that Mrs. Withors then in such condition oi
body and mind TO leave her the prey Of designing
| persons around her.
4 scATHISa LrrrER.
As rejoIndor to the above aiidavit there was read
the following letter, although It's Introduction was
| strcnuousIy opposed by the opposing counsel
| ARsAcroS. Nov TO- 1877
MY sosI ssnt on Oct II An acknowledgement Of the
give in regard to my eondact toward my o'eI
osss ss ss @ %
Il yourset OF son the friend the counsellor
| your father had taught expect to hnd in you.
1have found in old and sickness bitter and i'm
plucaDe enemy, who has not only tortured
way but who has insulted and dlshoDored his old
mnthcr and insuited his fathers and memory 10
inch of your letter Is unnecessary NJ
lawyer Mr. Pyne has received instructions even In re-
| spect 10 my silver Tho anmosity and hatred you still
show 20 your sister Cora only endears her the
| 70 me, VI IL wero possible. after the devotion aud
sacrifice In the time OF distress and
necessity she always begs me not 10 SPEAK Of her in
my letters saying will but envenom aud retard my
affairs although wish do her justice. But uod will rc
ward obliged TO leave Paris with bowed
and dIsgracea head, leaving debts a sides unpaid
| Have you shame lett In you that toi
1 moro than months have sent less
| than x.I5 7 Was II that my dear husband
honoed you with his trusteeshpf regard to the celnp
taught me, In this old 70 sss and lesl ha,.
truths $50 let speak Of feelings u IL yroa
fatigue tor write, this Is the last letter sh oil
| ever trouble you with. Your mother M. A. WlrHEkS.