The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-05
,urrosn,e Cai,ia'- Way Of Projecting CREDIT

a.
.,e the Meat and Len the Empty she'll.
The estate Of james D. Taylor is again
,,t.re ,l.o courts. and this time the lawyers.
sha,, thus far had the sole benefit OF the
e.,aie ar, placed ON the defensive. Surrogate
uutaNues. i'm 1871. ordered IN allowance of
,oaut1 uc counsel for the proponents Of the
will t. w. otoughton. Rufus AndrDws and A.
] ynudcroDl; also. at later date $4,000 60
suoeial Administrators Sweeney and Dcvlin.
The Court OF Appeals in 1873, reversed the de-
cree 90 Surrogate uutchiugs, and ordered the
validity of the will 20 be tried 10y jury in the SUI
promo Court. TINS trial has not yet taken
rlacc; but up to few months ago the tcstator's
debts were not paid. including even the undor-
takers bill for tho coffin in which Mr. Taylor
was buried
The widow was cxccutrlx, and tho daughter
contestant. Tho estate being now insolvent
there is no inheritance for Mrs. Taylor and her
daughter to dispute about. hut the FIGHT is con-
tnucd with the relatives left out Shortly before
James B. Taylor's death. he gave notes for s75-
tco which were endorsed 10y Congressman O. Is.
Madison Of Utica. and Mr.. Mauson had these
notes discounted 10y several banks in Utica. Tho
notes were not paid. but Madison secured the
banks and undertook to collect from the Taylor
estate in the name of the banks Various legal
ton ~ these as well rs Of all other claims. Tho
only executors who had qualified wcro Mrs.
Taylor and Edward H. Tracy; and under
special statute. applying to this estate pas-cd
In isl2. letters tcstamc utary were ISSUED to the
executors Notwithstanding the appeals to the
Supreme Court and the Court of Appeals. The
Court of Appeals has since decided that the
executors had n right TO continue in possession
Of the estate. and 10 administer. it notwlthstand-
ing the reversal Of Surrogate Hutchingss de-
cree.
Edward II. Tracy died in August. 1875: whore
upon the Utica creditors commenced suit in
equity in the Supreme Court Oneida county
sstinS forth that Mrs. Taylor. the surviving
eXecutriX. was mentally incapable Of managing
lhe estate and on their application. Mr. Henry
W. Bentley of Bonneville. y. v. vas appointed
receiVer OF the personal estatn. and Mrs. Taylor
was cnloned nom acting a. cNcrutriX, and was
directed To- hand over tine estate To- the receiver.
The supreme Court soon oltcrwarl mad, an
order In the SUIT In which the receiver had been
apponlcd. requiring all persons having claims
against IN" estate 10 present the same ~ tive
r eivcr within specified time. and George W
smith. lsq., lierhimer county. was appointed
r'ferae. O. take proof aud report con rcrning the
Validity OF the claims thus presented.
- Among them were claims by Congressman q.
j. Madison based upon various transactions
an uniting to over $4,000. in addition 10 the
$ fHH uute-. Ono OF Mr.. Matt sons Claims was
cnnuisslon for selling ten shares Of tine stock of
q Now York Times o. Mr.. Geor.- Jones. The
own r,hIp ~ this stock gave Mr. Jones the
There was also large number Of claims Of
law IS inr various sums IN payment for
servi - the, estate. all of. which, were
l-eHl o. h' allowed as preforr.l claims.
Ih't-tlia had been so rndu u hy -hrluka-r.
ni-mNuHsrmenf. and gal expenses. fuat only
a'wu; s.0lu1 ihen remained, out ol which the
lawy Us claims ~ well as the claims of tho
creditors hli o. he paid. The receiver paid ont
oyHr siu.Il lNr his cNpenSe7. t1W which wl- a!ter-
oil ||I.. d = Old Do Il u
q the r'-eiyor~hips suit amounted 60 sl2n.l.
more Out of the hulgnce which then remained
tle referee and the Court wore asked O. direct
tc payment u Congressman Mait'sons claims.
raj the following among other claims OF
r. Henry T. Clie'on. tho daughters lawyer.
f1r his services. $4,000; to David L. jacques her
guardian. 5000; t. her euardiAns lawyer, VIM.
Beaverton s2o0o; 10 Senator Francis Herman,
s. 0l0 for arguing the Will case in the Court Of
Appeals t. senator Roscoe C0nkling 5000, for
which trial has not taken place; 10 Adams
swan and A. NJ. Beardsey, counsel for the
Utica banks 1900 each; and 10 sundry other
lawyers amounts varying from 500 10 $1,000
Tha rofcrec allowed al ~ those claims. ond
having received for hi' own fees $500 out ~
The 0r0lItpr- excepted - No rDI"r.e decision.
ami appeared in ior-e In June. l-11. before th,
Supreme C0uu in Utiea. g. argue their cycrp-
! u-0I 10 allow the largo claims of VI N-srs.
NJ - Herman. Conhung. clinton. and th,
other hwy rs. nhd flied q 81 ''lHion IN which h"
tM'' fhW while he would not H'I " their
clIM-. ic found that he Wis rower'r-s 90 roget
- W an li,.' .i' !. "G1l a. ,l' l 'uilaa PIP
Surrosatc's Court in the county Of Now York.
9nlt"l during Surrogate HurhnesS term;
! a 0i the lawyers produced ~ support al
H. claim an order from Surrogate Hdtrliug-
1.r, NJ Us paHingp' ;and "a n OF these or4' rs
inr.-ii ton. Bat. 10y the peculiar statute above
l. ierrc Co., II Is provided That AN tho object pu
q waui ~ juri-dition Ia the Surrogate OF the
y. I.f hail t.4Ls. ilf