The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-26
A MARRIAGE SETTLEMENT.
A Case That Has Plagued
Three Generations.
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 or what may
become counterpart, OF the little MISS Elite OF Charles
Dickens master action little episode in tho Gen.
cral Term OF the Supreme Court episode
slight itself that II would readily escape notice
altogether-is proof to the contrary, however, and
shows that be a sutton in courts for many
years, waiting in vain for Judgment which ought
10 be obtained IN lew months. Tho case 10 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
it's appearance the General Term where IL was yes.
terday would have been If Judge Brady had not
been absent the bench Its history is so remark.
able and tho OF justice has been long DELAYED
by its course, that like Jarndyce and Jarndycc IL has
become joke, If IN nothing else, in being compared
with that monument OF chancery practice. 1t has its
story, oo which is scarcely less pfu than that OF
the little mad old woman IN "Blcak House, who
found bower the garden Of Lncon's Inn and
waited with her "documents" Tor a Judgment" on
the Day OF Judgment
FILlAL BEGor A LAWSUIT.
Cecilia Ann Butler, the defendant IN this American
Jarndyce and Jarndyce is lady Of good standing and
rights in the courts of the State As tho words in
Jarndyce and Jarndyce got into the without Know
ing how why and could not got out OF it, So Miss
Butler found herself in Jones against Butler without
any fault OF her own and she has found It equally i'm
possible TO extricate herself And as Jarndyce and
Jarndyce was originally about Will and The trusts
about marriage settlement aud tho trusts under
It. The defendant Was not born when tho decd OF
executed and only child when the trust
property lost in unfortunate speculaons As she
grew up she found herself in charge OF old, nhrm
mother, but she had wealthy brother who often
promised to reward her for this service and he finally
kept his word by giving her deed for the property
now 10 dispute of her continuance OF
her OF their mother This long ago as 1882
and for long time thereafter her possession was un
disputed and there was no premonton 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
much Inconvenience ana expense and given her so
much trouble and anxiety had It's origin back alb
1918. In that year Thomas G. Butler, OF New York,
married Jane Ann Jones, OF Georgia, but being s'n
trade the deed expresses IT, ne desired that
marriage settlement should be executed TO prevent
his wfe's estate IRON falling INTO tue hands his
creditors in case oil business misfortune. Tho trust
deed provided that the property conveyed by should
be held for the use and comfort Of tho husband and
vile during their JOINT lives II the husband died
before the wife the property go the support
OF the widow and cnildren, but If the died before
the husband which was tho result, there pro-
Tor tho disposition of the estate Seaborn Jones
named trustee IN the deed, but he died soon
aiterward and Thomas G. Butler ST. the father OF tho
husband, was substituted IN his place. Under this set
Element the trustee camc into control OF considerable
trust property which acrward included the prcmIsus
the corner OF Broome and Wooster streets In the
action originally there also claim other prop
erty III Howard street aud IN Fifteenth street. IL may
well be imagined that at that time property in these
localities was not particularly valuable, per-
sons had the foresight to see tho wealth which in
very lew years would accrue from such unprized pos
SESSIONS Twenty years later value had increased
very liItie and nobody oresaw the immense increase
trustee, at the solicitation Of the husband and wife
was induced TO sell the property and II is this con-
veyance under tho trust, which, like the trusts under
the will In Jarndyce and Jarndyce, first In dis.
pute and as in the one case there nothing left
litigation except costs, in the other nothing Is left
uDravel but inextrcable series Of notions which
may represent only costs at last
''CIRcUMsTANOEs' AND "NEcEssrriEsn
The trust deed contained provision allowing the
trustee TO sell the properly aud invest proce in
any other productive iund property II circum-
stances made 1t necessary In such cases "necesstv
is apt to become very important circumstance"
and Mr.. Thomas G. Butler, Jr, slow hnding
these coroarcs to work powerfully favor Of the
nguishment OF the trust estate In 1919 he failed
business, and from that year until 1924 he earned
precarous livelihood sometimes IN Mobile and some
times IN New Rochelle. He had wife and three young
children TO support circu which Will make
almost any honest expedent necessary - IL thus hap
pcned that In the latter year he conceived the purpose
OF carrying out the trust TO It's fullest extent, and do
ternined upon investing tho trust estate ''other
productive property" 1t thus came that the
induced TO invest the trust funds In the 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
whole trust estate. In 1884 the Broomc street prop
ory sold to Jonas Butler TO pay the Paramus and
Dashvllc Falls debts. In 1852 II passed by decd to
Cecilia Ann Butler, the present defendant. in the
same year Mrs Thomas c. Butler Jr., died in Ohio,
leaving several children, who the plaintiffs
action.
BEGINNING THE srIr.
The suit is to tho property under the trusts
century OF undsturbed possession Tho action was
begun the supreme Court, the plaintiffs claiming as
bcnehcaries under the old marriage settlement upon
the grounds hat the Broomc street property had been
conveyed violation OF the trusts in their favor and
that all the parties to whom the properly
Ann Butler, the defendant, had knowledge
OF that trust, and asking that this properly,
together with the Howard street property and the
property in Fifteenth street. should be adjudged to DO
trust property and conveyed 10 trustee TO be
appointed by the Court The defendant dcmurrcd,
but the dem overruIed and Mss Butler then
put IN her answer Tho case was referred 10 William
Kent but he died soon aiterward, and ex-Judge
william Mitchell was then appointed referee. Tue
testimony was voluminous, but Judge Mitchell finally
made his report, deciding in the plaintiffs favor This
which delay, and dolay alone is TO make memorable.
snuTTLEcocK DECISIONS.
The referees report be heard before Judge
Sutherland in 1865 Judge Sutherland decided that the
pieces vi property Howard and Fifteenth streets
lopged to MSS Butler, ana that the Broome street
veyance TO Miss Butter good TO the lie estate
OF Thomas G. Butler, Jr TINS decision salisiac-
tory to neither sdo and both parties appealed to the
General Term. In 1869 the General Term held that
the Broome street property was trust properly, and
that the conveyance was good 70 pass the lie
estate OF Thomas c. Bullor, Jr., or any
estate. The Court also directed the premises
be conveyed 10 new trustee, and appointed
Hamilton W Merrill, Of New Rochelle, such trustee,
at the same time requiring Miss Butler pay to tho
trustee about for rents and profits which she had
collected. She paid the money and then appealed to
tho Court OF Appeals. The case heard by the
Commission OF Appeals In 1872, and that decided
that the Broome street property not trust prop
orty and that plaintiffs could maintain their
action tho trust deed A trial ordered,
which TO be heard before Judge Van Brunt nj
SPECIAL Term, who decided that tho plaintiffs could
their action either under the deed
bers-at-law. The plaintiffs appealed to the General
Term while Mss Butler, the defendant fol-
Judge Barrett 10 compel the trustee 10 turn
TO her the Br0ome street property, which Is
about $50 O0O and TO account to Tor about
$25 600 besides for rent and profits which he had col
lected. Judge Barrett granted the mot and from
this the plaintiffs also appealed to tho General Term at
the same tme applying TO Judge Westbrook 10 stay
proceedings upon Judge Barreps order ii their APP