The New York herald., 1877-10-25
THE COURTS.
Alleged ImpOverishment of an Estate
by Bad Management.
POSTAL CARDS AS DECOYS.
important Judicial Determination as to
Wharfage Rights
PUNISHMENT OF A FEMALE INCENDIARY.


For years tho frm OF G. g. Il A. c. Peion carried
on business in Catharine street, in THIS city, and
were assumed to have accumulated great wealth, so
that At the time OF the death Of ono OF thcmAlexan
dor c. Poilon-n 1874 the real estate alone belonging
TO tho Arm was estimated at over $500 oUo.
The entire estate Of the deceased tho time OF his
death 1t supposed would reach nearly $780, 000.
By his will he bcqueathed out OF this estate TO his
cousin Amelia NJ Hatfield, 5000; to his niece,
Mary W. whitIock, 5000; to his niece Josephine
~ Whitlock, $4,000; to his niece Mary A. Jor-
dan, wife of William q. Jordan $5000 10 his niece
Eleanor r. Gage, wife OF William w. Gage,
$4,000; to his faithful servants Annie Brady,
Annie Smith and Barney McNT no also
made bequests-to the first named $1,000,
and TO the other two $500 each. He also gave $25
In trust 10 hts executors to be invested Tor the benefit of
his sister, Eleanor S. Poion, wife OF John H. Poon,
and all tho residue Of his estate he bequeathed TO his
wife. As executors or his will no appointed Horny
Suydam Wilson, Edward T. Hatfield and John d. VIII
Bon. He aso Joined his wiie as executrix, but she
never qualified or served as such Tho will was duly
admitted to probate aud executors enterod upon
their dutics In September 1876 OF the legatees
Mary A. Jordan and Eleanor =. Gage-thnking 1t was
about tmc to reahze something from tho bequesis,
'hroSsh oro. their e0unss Mr. wsesy s "
ment; An accounting was ordered, ana Mr..
4 F. Farrel appointed to audit the exec
utor's accounts For nearly a year the examna-
ton OF these accounts continued before tho
AUDITOR who has now rendered his report ln IT, after
recIt,ng the provisions OF The will he says he finds
from the testimony taken before HIM that the
Of the ,estator when LIVING and when b. d,cd, was
reported TO be worth from $3.50 COO to $780, OO0
when the executors presented their the ega-
tees had received nothing, is there any properly,
as they aege IN the possession OF these executors TO
carry out the wishes o the iestaor toward tho ega-
tees; that In November 1874, letters testamentary
wero issued to the executors, but until may, 1875
n he nal
SIX months before The fling OF the inventory OF the per-
s0nai estate there was division OF tho real estate,
partnership the value OF which al $59y 900,
with membranes OF $lS2 0l3 39 that by this divi-
ss4a II, while 10 the w.aow snero was asvon land
valued al only $l73,675 ~ leaving due 70 the
latter OF $Si.Sl7 81 Tho report further says that
during all this time the executors manifested gross
disregard OF the interests OF tho egaees and negl
gently discharged Their duty as to allow all the real
estate which was decided 10 the widow by the
Ing partner to bc sold for the incumbrances-that Is
70 say, property estimated at the low valuation OF
$20S, 493 10 was sold Tor sos, 324 So that In
stead OF paying tho interest on the incumbrances
anu protecting the legutees aud fulfilling the
solemn promise made to the Court ana he memory OF
tho testaor they hold VIII ch should
have been in the hands OF tho surviving partner, and
thereby prevented the payment Of taxes and assess
ments on the real estate and tho interest the
mortgages, to the great aud ncaculable injury Of
testator's estate He therefore recommends that tho
the leeacies set the VIII OF The deceased that
they be- charged also with Sl2 70 II for the benent
the estate, Wbcn sum tney palu 10 lhe WIDOW, but
failed 70 deduct in their account from . Judgment
which she recovered against them tor $43 26 80 and
that the sum OF $3,o27 80, which has .ome into the
hands OF the executors the accountng be held
subject to tho order OF tie Court since the death of
hcr husband Mrs. Poillon has been occupying hts
country residence 81 Bay Vlew valued " $4,000,
without paying any rent therefor, this rent, the
referee tnnks should be turned tho Tor the
benefit OF the c2atees 10 and every part oil the
foregoing report the have taken EXCEPTIONS
claiming. among other things, that he has Jailed to
audit or sia,e their accounts or 10 report the
aua hA touIIo IN har
execuors the amounts they have personally advanced
for his (the reerces) benefit or TO perform the duty
imposed on him by the order by which he was up
pointed, but has exceeded hts Jurisdiction and de-
cided questions not before HIM or within MS
jurisdiction, contrary TO law and evidence. 1t is
asked therefore, On tho part OF the executors tnat the
report be vacated that their accounts be referred
TO new AUDITOR for examination. Argument ON Tho
motion 10 confirm the report and the exceptions taken
by the executors thereto is to be heard before the
Surrogate on Monday next The argument viii doubt.
less prove interesting, As tending 10 disclose how
estate once estimated high AS 5000 900 has appar-
ently melted almost entirely away and egaces TO tho
extent OF $50 600 remain hitherto unrcalized hopes.
ENTICING POSTAL CARDS.
In March, 1876, Catharine Thompson commenced
suit against John Looram TO recover 500 aud OBJ
tanned from Judge AcAdam, Of the Marine Court, in
which The suit was commenced. order OF civil
rest against the defendant IA which his bail fixed
at $1,000 IL appears that up to the 18th OF this
the order OF arrest could not be executed against the
defendant owing to his absence the State Connec.
tcut Before the samo judge who issued order OF
arrest motion made yesterday by cx-Recordcr
Smith, on behalf Of defendant to vacate II. The mo-
tion was made aidavits which set forth
that from the. 7th TO tho 10Th OF this month
Emanuel Friend, the deputy sheriff who made the
arrest and his assistant one Jacob Spandcl sent six
or seven postal cards to the defendant at Bridgeport
Conn, urging him TO come hore on the preence that
they had properly In this city Tor which he could
make profitable exchange Tor some property mis-
wife owned IN the State oil Connecticut The defend
ant finally took The bait arrived here on the 18Th
inst, gong 10 an Office IN No. Warren street, to
which the cards had invited him Tor the ostens bic
purpose OF negotiating The trade. On the business
tor which he camo he obtained but very
little satisfaction, but jast after he had lett
she office he was taken into custody by Friend
nnder The order OF arrest which IL is sought TO
vacate. The assertion, on tue part Of the defendant
that Deputy Sheriff Friend and his assistant SpandeL
had the CARDS not contradicted by the other
side, aud on this basis IL was argued by Recorder
Smith mat the case clearly oil having resortcd
to subterfuge to entice the defendant within the
Jurisdiction OF the Court for tns purpose OF executing
the warrant OF arrest upon him; shat such proceed
ings had been condemned by every Court In this
country before which they have come, aud process
served under such circumstances have always
been set aside; that the iacts la tho
bad shown II to DO one but little short OF kidnapping
tho part OF tho officers here crime Tor which
when the facts came to the knowledge oil the Shorin
II he did not discharge them from Office he would not
appear In the position OF showing adsposilion TO
sustain tho law Mr. Charles 5. spencer, who ap-
peared to oppose the NOTION contcnded that the de-
jonoant had left this for the purpose avoiding
tho operation Of TINS order OF arrest; that when no
came back he came Tor the purpose oil collecting rents
for HIS wife, aud that cvon u the officers had thrown
grain oil salt ON his tail, they had committed no
moral wrong of which he had u moral right 10 COM
pam. Juage hcAdsm took the papers anI reserved
his decision,
RIGHTS OF WHARFAGE
Judge !. y. DAILY. Of tho Court o. Common Pleas,
rendered. decision yesterday In the suit OF Nary e.
Walsh asainet tho New York Floating Try DOCK Com
pany. The SUIT 10 brought Tor wharfage claimed by
the plaintiff for tho aud occupation by DEFENDANTS
floating dry dock OF tho slip between piers Nos 4s
~ East RIVER Whom the plaintiffs assignor on the