The New York herald., 1877-02-11
THE ELMORE ESTATE.

In the decision Just handed down BY the Supreme
Court General Term, OF Kings county, in tho suit Of
william A. Scott against James II. Elmore, Jr., for q
partition OF the estate Of the latter strange Of
family misfortune is revived. Tho defendant, who is
about fourteen years OF age is the only
surviving son of che late james Ii. Elmore, sr, who
retired from business as flour merchant,
ten years ago on fortune OF about $200. 000 He tn
vested his money in oil stocks railroads and real
estate and became cntangled in volumnous litgaons
with Mr.. Aaron Dograw, Of Jamaica, l.. l., judgments
OF tho court being invariably recorded against him.
On October Z, 1872 Annotta f. Emore. wife OF the
deceased died suddenly, leaving TWO large and vau-
side Of the Brooklyn and Jamaica railroad. on
Richmond Hill, in the town OF jamaica,
This property fell to tho heirs Charles and James, Jr,
her sons, and James II. Eimore, Sr., her husband,
who died in the luDatc asylum last month. The
eldest son. Charles, was Killed ON the Pennsylvania
Railroad December 2e 1875. He was unmarried, and
died intestatc leaving his father and brother his only
heirs at law Among the alleged facts cited IN the
papers to tho suit appears that William NJ. Scott and
George Durland purchased from the receiver,
ali the the property Of Emers esaissls , Interests.
Elmore, by Aaron ~ Degraw. Durand divided his
interest the property by purchases from Scott The
tho Emore estate and Durland Is owner OF an equal
undivided half part OF the estate subject to the right
of his wife. The defendant, James Elmore, Jr., IL
owner OF tho premises subject tho Of Scott
and Durland William Durland, recover OF The East
New York and Jamaica Railroad Company has .
Durland under judgment held by them against Ell
more The action tried ia April, 1875, resulting In
judgment for the plaintiff. Appeal was taken to the
General Term on the question OF evidence Offering to
sustain the allegations IN the complaint The prop
erty is OF great prospective value There being no
market Tor real estate. the defendants held the for
mcr trial 1t would be better Tor said infant.
James Emore, Jr, TO come INTO possession OF
to have tho property sold at sacrifice and the pro-
cecds To HIM his arriving ut his majority IL
n hmm hpnk nknO
up his habits living have been such would make
It mprudent place the entire proceeds OF the sale OF
the property at his disposal on ms arrival at the age OF
Durland the owners, but alleges that they simply
held It Tor the benefit OF Aaron H. Degraw, who was
the real owner that the transfer OF interest from
Scott to Durland not made IN good faith. but
iauucny and to forcc the sale OF the estate OF the
defendant IN she premises He objects TO having the
sold on account prospective value OF the
estate. Tho General Term reverscs the judgment
of the Court below, and grants the motion ior new
trial o1
KINGS COUNTY SURROGATE'S COURT.
During tho past week tho wills of the following
named persons, deceased were admitted to probate in
the Kings County surrogates Court, by Hon Waiter
/. Livingston, Surrogate:-
Rev Eugene Cassidy, Patrick Lynagh, Thomas J.
Doyle, Curtis Noble, Mary Amelia Clerc Margaretta
Bliss, Isabella Tammany, James Cody. Ann Carroll
Peter Oberg Christian H. Steers, Johanna IL Schroeder
and Dellna Bulkcy, all Of Brooklyn. Rev. Eugene
Cassidy late pastor of ST. Marys Star OF the Sea-
lie insurance policy Tor So 900 In the bankrupt Con.
tinentai Life Insurance Company, OF New York
Letters oi administration were granted the es-
tatcs of tho following named deceased persons. viz
Susan c. smith, John Moran, William Martin Johnson,
John Flanagan, Adelia L. Page, Ann Gray, Thomas H.
ChIcestcr, Lima Tum, Mclvina J. Seward and g. H.
August Kusiee, all OF Brooklyn.
Letters 0i guardianship 0t the person and estate
oi Johu A. Lewis wcro granted to Henry NJ Lewis; of
John Walsh, Martin Walsh and James Walsh to Mary
Hamilton; Of Emily Drceke, John Drecse, Otto Dreeke
Julia Drccke TO Mary Drccke.