The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-07

WHAT Mr.. d. G. BIRDsALL HAS TO SAY ABOUT
MN. JOHN LIVINGSTON AND THE WINTER
TRUsTEEsHIP.

WHAT Mr.. d. G. BIRDsALL HAS TO SAY ABOUT
MN. JOHN LIVINGSTON AND THE WINTER
rRusrEEsHIP.
RooMs OIL AND % DRExEL BurLDrxa,l
New YORK, April Q, 1877
To Tue EDITOR HERALD
In your paper this morning SEQ article beaded
.swinter's Observation-Disclosures or Trustee"
which great injustice and injury by reason OF
IT'S charges. / do not usually notice newspaper CON-
ment, although OF late have been the victim
era attacks that havo originated by OF my zeal
and determination to vndicate my clients and sustain
their rights. But IN this instance cannot refrain
from conradcting this unreasonable, unfoundcd and
wicked attempt from some quarter 10 injure me and
impose upon the press
Those who know will not for an instant believe
tho statement but those who do not know
me, from reading It In your paper, must
believe me but little Gf any, better than
a demon In the first place Mr. Winter
made any such statements you attribute TO have
boen made by him In his petition. Tho statements
were contained in afHdavits made by certain John
Livingston atdavi,s made by him in 1864 while no
was unsuccessfully trying to procure my removal
trustee of Mr.. Winter, and which statements
tradicted oath by Mr. Winter brief statement OF
my connection with this case is as follows-
In the tall OF 1863 kept my Office at No. 1886 Broad
way. One evening the Janitor OF the building called
room at the top Of the house. and was In miserable
condition. and asked me TO SEQ him and try and aid
him. the next day he brought him TO my rooms, ana
heard HIS story OF grievances that he had received
at the bands OF his bro.hcr-n;aw, John LIVING
ston This WINS William Winter. took
him 10 restaurant and gave him a
dinner, and then wrote his brohern-law detailing his
condition The result was that received VISIT from
Livingston that resulted In negotiations looking TO
bettcrng OF his condition. II was proposed by Living
ston That he winlcr) should make trust deed to mo
for his benefit during lie, with remainder TO his
nephews (ivngson's children) ON failure Of lawful
ISSUE This AZ first declined, but, subsequently ana
after long negotiations and upon the advice OF the late
Judge Jonn W. Edmonds such an instrument was pre-
pared by Judge Edmonds and executed at his Office on
December 3D. 1863 was not present mt the time, but
had previously had IRON Livingston that II
would undertake IT should have no trouble with
him (y,ngston) but that Mr. Winter should have the
fall semen, Of his income t.hon about $40 600 ycar
| After entering upon the duties Of tho trust
found Livingston in flu possession ,.a. Of al
winter of which Mr.. Winter was entitled to one half
found that the estate had been squandcred and let
him account thereof did not take this Wow Of
affairs and demanded a settlement which he refused
and on May 70, 1861. commenced an action against
him and his sons tor an accounting and settlement
| On June o, 1864, lie commenced proceedings TO re-
move me as trustee, and IN his afhdavts made tho
charge against me which IN your paper Is attributed
| TO Mr.. Winter This application was argued refore
Judge W. H. Leonard on Juno 20 and 80, Judge W. F.
Allen and s. G. Courtney appearing for me. The next
day, July l. Judge Leonard denied his motion On
August !, 1864, Livingston moved for reargument,
which was granted by Judge G. q. Barnard and was
heard before Judge j. r. Barnard Augusta rs 2s
1864 rescrving his decision until April Is 1865, when
| he granted the motion Tor my removal and appointed
John Is. Haskin trustee in my place. From this de-
csion Mr. Winter and myself appealed TO the Court Of
Appeals, where II argued on June ~, 1865, and on
October 8, 1866, the Court decided IN my avOr by q
| unanimous voice. Judge lie Roy Morgan writing the
opinion OF the Court which Is reported fully 10 81 NJ
Y. Rep Sos and Is complete and full vndication Of
| my course and actions respecting The trust
During all this time had supported Mr.. Winter to
tho OF my ability and had been at great expense
In conducting this Icrrblc litigation continued 10
act as his trustee until December TO- 1869, when
| my business engagements were such that
| could give II proper attention. l therefore
voluntarily sent him letter resignng my trust On
the 18th OF December following mot with Mr.. Winter
| and his counsel MIR. Henderson, and his friend, Dr.
Hartley and had full and complete settlement OF my
| accounts with him. Upon such settlement he gave me
full general release OF each, every and all claims
| against written by himself, and also gave me
ti1cate IN his own writing signed by him showing his
this release settlement and certificate applied to the
Supreme Court with Mr. Winters counsel Tor my dts
| charge which was granted December IA, 1862 and
| on December 20 following Mr.. John H. White
was appointed trustee in my place, which ended my
TRANSACTIONS with his affairs until am now, after
soven years. brought before the public srickstcr
| and scoundrel, when oil OF my actions have been
fully passed upon by the highest courts Of this State
| and sustained as bong Just, proper and correct
have just called upon Mr. Shafer and Mr.. Higgins Mr.
Winters COUNSEL and they both assure me that Mr.
Winter made charges whatever against mo these
proceedings and that they strcnuousy objected 10 tho
Courts permitting Livingston TO revamp stale charges
| OF his own making long ago. u. Q. BlRDSALL.