The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-14
THE LOCKWOOD ESTATE.

DECISION BY THE MASSACHUSETTS COUNTY SURRO-
dATE-THE CONTESTANTS OBJECTIONS OVER
RULEDA "REMINISCENCES OF FAST LIFE AT
NEW ROCHELLE
Within the domain OF fashion and fast living al Now
Rochelle, Westchester county, sensation was occa.
stoned twelve months since by the sud
den disappearance OF John Fowler, Jr., q law
yer OF somewhat expensive tastes, who aban-
doned his family, creditors and clients at ono
and the same timo HIS wife, Margaret Fowler, is a
daughter by his first wife, of George Lockwood, de-
ceased who died intestatc at tho above place. 1870
leaving estate amounting in value over 5000 900.
Sophia d. Lockwood, tho second vito and
widow of tho deccdent, in September, 1876,
as ADMINISTRATIVE, hlca her account OF pro.
cccdings In the Weslchcster County Surrogate's
Court having cited all in interest to- attend the &C.
counting. At the tmc named Mrs Fowler appeared
by counsel aud filed objection TO the account. She
claimed among other thugs, that some govern
mcnt bonds aud pair OF ponies and carriages had
not been Inventorcd nor accounted for Sho also OBJ
jccted 10 several items, amounting in The aggregate
$1,000, paid for legal SERVICES with which the I'D
minstrasrix had credited herself alsoto sum
Of $4,000 and sanoihor of s4,c63 Of, Gre dltcd to
her Ars Fowler account OF her distributve snare
alleging that she had mover received those sums 1t
was set up on tho part OF the administrative
in checks to the order OF the contestant 10
her husband John Fowler Jr the attorney for his
wlo. He appears TO have had hcm cashcd by indoors
ing them for her Another objection on the part OF
tho contestant was 10 two items paid 10 clerk for
writing mp the accounts, amounting to S2i5
The has attracted good deal OF attention the
Surrogate Court, not only on account OF the novel
features Involved. but also for the determined
ant by her counsel. Surrogate Colin ycster.
day rendered decision in tho matter, ovcrrung all
the object ons OF Mrs. Fowler, excepting the Item
Tor clerk hire, which was dsaowcd: Tho following is
u synopsis OF tho dccision:-
rliE DECISION.
The Surrogate commenced by sAyiug--"As o gene
raj ruc CLERK hire is not allowable Precisely what s
intended to BIO understood by writing ny the accounts
am unable to say. II the torn is intended app y
1t cannot be allowed, that a duty devoving upon
tho administrative formerly and now under the act
10 be made by tho Court If tho clerk
was paid Tor. keeping the account it mus,
necessity for this case Tho credits Tor moneys
paid by the administrator IRON time to time amount
ing 10 $1,000 Tor legal services u is Claimed should be
dsailowcd on tho ground that II has not been
made TO appear that they were just and rca
sonablc. In disposing Of this feature the
dccs holds that legal with reference to the
estate were justly rendered, is sufficiently apparent
from the account and the testimony Vouchers arc
produced Tor these payments and no testimony has
been offered 10 show that the charges excessive
or unreasonable in amount These items are therefore
allowed
had MT accounted Tor all ot the assets In that she
had omitted TO charge herself with certain govern
| menu bonus, the decision States tnat 1.-THE
burden the contestant TO establish
the fact Oi the omission, and II must
be proved with reasonable certainty aud dcnitene
The contestant called the administrative as witness
10 prove that there were sucb assets Her testimony
clearly shows that he bonds claimed by her indivdu-
ally, amounting to $4,000, were purchased with hcr
separate funds. and belonged to hcr.n
AS to the ponies aud carriages the Surrogate says
is inclined TO regard tho git a valid one. Tho
rights oi creditors no way affected, and as be
tween the Of kin, among themselves, the rule
as to the validity Of git should not be
rigidly adhered 10 as where the inter
ests OF creditors are involved The evidence this
point Is also very meagrc. IL Is simply that tho dc
ceased gave them 10 his daughters As IN tho Of
the bonds 30 here. no circumstances attending the
giving are shown In order TO enable the contestant 10
succeed In establishing the fact that this property be
loDgcd TO the estate, she should have shown, IN some
way II possible that tho alleged gilt was Invalid. la
this she has failed Tue testimony IL that they were
given. This implies that everything necessary rem
der tho gilt valid was done.
Tho question TO whether tho admnistr atrx shall
lie allowed The credits for the So 900 and the 063 OIL
claimed TO have been paid by her 10 the contestant
oil her dstrbutvc share after beng reviewed
at some length IN The decision, Is disposed Of sub
staotally as olIows:-Tbc Surrogate nnds thai
Mr. Fowler acted agent tor his wife III regard to the
Affairs OF tho csiatc that knowing that these payments
lad been made TO her husband as carly as 1873 she
ai ell 10 object TO the same until this accounting pro
ccotng was commenced ana thereby ratified the Same
he claim Is accordingly disalowed