New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-16
THE COURTS.
TWO FAMILY OUARRELs.
DISsENsIoSs OVER THE PROPERTY or FATHER
AND MOTHER,

Herriot, trial In Supreme Court special Term,
reveals peculiar family quarrel The father began the
in April 1875, VIXEN 80 years old and died In
the following December, leaving IL to be carried on by
his administrator. He owned several houses in New
Yor! and Yonkers. besides large tract Of land near
Yonkcrs. part OF the same tract within tie town.
which had been heavily assessed for improvements he
had sold two before to pay of the $4,000 assess
rents then due, and create n fund 20 meet any future
The fund thus created Amounted to about
100000 In mortgages and $4,000 In Understanding
stocks. Hts income about $4,000 year. including
tho income from the bonds and stocks. He had five
childrcn-Ann W. Horriot who lived with HIM. Caroline
LOwcc, George Hcrrio wbo lived With Mrs Lowered
Warren Herrot aud the defendant John Gcrshon Hcrrot
In April 1872, the complaint says, at his wifes solica
lions he mado his WILL dividing his property equally
among his children, and in bis complaint he says that
this expressed his real wishes IL was made known to
all andsecqulesced in By ALL The embarrassment about
the assessments occurred next year. after his wfes
death He consulted his Warren who after consider
ing the matter with tho other heirs advised him to d
vide at among them part OF the unproductve
property, incumbcred with an assessment OF between
$4,000 and $4,000. The idea took possession Of his
mind that his children except John GershOn Hcrfiot
were seeking to deprive him OF his property and lis
feelings OF alienation to them fostered by the de-
PENDANT. Having lost his wifes advice he was much in
6ucnced by the advice OF Gershon Gershons wife, and
his brother Warren, who stated that the other children
had been reporting Ulat MS nllu was gone bAceu D1
these stories, he while visit to his brother Ware
made a new Will, giving 10 his John Gershon
500 before the general division the children,
and making his brother Warren an executor
and trustee The complaint adds that. becoming
satisfied that the stories false, he burned this
will but day two later he was visiting his brother
and the stories were repeated and he was induced to
part with $4,000 in stocks and $4,000 in bonds and
mortgages aud sign assignment OF them which he did
know TO be absolute assignment and to execute
power of attorney TO his son j. GershOn HcrTot TO col
lect the rents and interest He did notsuppOse that he
parting with the principal and did not learn OF 1t
until three months later in December he went to live
with his Warren. Some changes in the mode OF col
Letting rents by his j. Gershon led him TO demand
from him an accounting and this not being Immediately
forthcoming he revoked the power OF attorney and de-
nandcd back his stocks and bonds, which ne supposed
were held merely to facilitate collections 1t was not
until March o. 1870 that his sons attorney, the same
person who had drawn the second will, informed his
attorney that there absolute assignment. IL
then brought ths suit.
The defendant in his answer denies absolutely any
poisoning OF Lis fathers mind against his brothers and
sisters by him. and does not believe that there any
such action by his uncle He explains the second will in
this way. His brother Warren had married rich wife,
who died. leaving one child whose subsequent death
made him heir 800 900 aside from his fathers estate
Mrs Lowerrc's husband highly prosperous mcr-
chant while the defendants possession had not en-
abed him to accumulate property but had compelled
lin 20 live with his wife and two children in very plain
way The father wished to correct this inequality of for
tune. Ann NJ. Herrio his sister was never likely to
have q family and her father wished to protect by
trustee her share from an unthrlfty husband, II she
should ever marry while ieoige was uh'niiy snu We
defendant adds Ghat il his father did destroy this we'll
considered Will 1t was because his other children DIS,
covering that it had been made annoyed him until
to escape their annoyance he destroyed IT, not OF MS own
free will Heaycrs that his ialEer perfectly wen knew
what lie doing when he assigned the mortgages II
was by OF advance of or substitution or 100000
LEFT him in the second Will There was tax OF me posi-
blity Of further assessments requiring inc use OF me
income, and be agreed to pay ne interest on me mort
cages to his father n required dLlh- ais ht. ne men
alleges that the other children broke up ms fathers
home ObtaGed cont! O OF him, and cu him of from com
muucaon with old friends ana associates "d even from
communication with his brothers. lie charges mat tue
So " =, ~ me cae is ,.iI on irial TIE diSured
property meanwhile Is ON deposit with the Farmers Loan
In the suit Of Nancy vcdder agaius. Susan g. vemyc
the plaintiff, who is - years o age, sues her yon1oN
daughter recover sums Of money which she charges
her daughter with having from tune 70 lime taken nom
her end applied 20 her own use IBe case came Up on
motion To STAY all proceedings the ground that the
mother By reason of Lcr great age ana sickness at
bat Of herr son Mans r. Vcdder and hof snI-iaw
william IT, Ten Eyck The defendant says that as the
youngest child she for many years attended to tie wants
OF her mother, required more and more constant at
tontion she Odcr that for these constant ana
hLOrl0dS services ana ONT OF natural iosc an
affection her mother repeatedly save her considerable
sums OF money and knew what sne was DONG wheh
she gave them that after heI mdtlaSe lcr nOtnCF con
tnucJ TO i've with her until her brother Mans T. We'd
der H..
prc,enSo OF taxing her Tor i bltt Nst 20 hF zen E!cH
o hey way ana have since kept her. She AYERS that
her mothers failing mind has made her subject to those
two, and that thcr o'9cC Is 10 cu 81 my ut"t tii'9
from me mother and 10 recover those already malr'
dayit, stating tLat Mis- Nedder .4yrd IN ter house ct
Astoria f,um May %. 1874, 10 Fen. 20 $50 ana th&
toward thr end Of tnat time she sboTe loss OF mind
would forget what happened the day Osiorc ana get
angry that he could not remember woman who died
in answer the affidavit of Dr. Meredith Clymer is put
in; that ho mas examined Mrs Neddcr am inds her Tor
IL
Is capable OF attending to her affairs ~, $1,000 |
ntber h.. had no serious disease and thar she
has removed TO Mr. Ton Eyck's house her health has
mother or any effort undue influence OF his part He
states thai he knows OF one where remittance OF
own account Mr.. Ten Eycl also denies any undue In
ucnce the part OF any one in his house or any ia
urc OF mind in Jrs yedder, and states that Mr. Yer
HirxgUder NJ Vedder the oldest son. his mothers |
family physician states thar ho EOtgei health h@s iI
proved and ajsaius tle denaS OF ms Dr0tAt ana Mrs
Vedder herself states that she was surprised to see tai
her daughter mas charged her with mbeci ana staes
that only desire in regard to The money III SUIT Is that
" I Tn IaSrenre thinks the answering aGdays over
como entirely the defendants ahdaWts ana denies the
potion
BLJOU HERON CHOOSES HER GUARDIAN. |
The question OF BijOu IIeron's guardianship |
WAS amcably settled yesterday 20 the satisfaction Of
Biiou aud the many friends who evidently take great
interest her welfare. BUou VIII be IL in September
when she can by law choose her own guardian, but Sun
ror,te Calvin determined TO let her exercise her choice
Yesterday and size named Albert NJ Palmer of the Union
Square Theater. Mr.. TraynOr OF the surrogae's Ofce
who had acted guardian Tor th.ee years, Tenqushed
his trust as BjOn made her wish known Sew |
eral gentlemen who had been asked by Matilda Heron TO
oo, after Blous interests waived their claims TO the
guardianship and did mol appear in court. Bilious name
appears on the records Helen Wallace stoepcl Her
father Robert Stoepe member OF the orchestra Of the
yccum rheatcr in London, is anxious to have Der with
him nnd has rennested Dion BOncicaut provide for