The New York herald., 1878-11-08
MILLIONS or DOLLARS INVOLVED
An Attempt to Remove the Trustee Of
the Garner Estate.
CHARGES OF MISMANAGEMENT.
Alleged Unsafe Investment Of Funds and
Misappropnatons.

management Of the Garner estate which represents
an appraised value of several millions Of dollars and
which was briefly mentioned some time ago in the
HERALD came to light yesterday before Judge Sper,
holding Superior Court. Special Term. The matter
came before the Court in action brought by Mrs.
Harriet H. Garner and Miss Fannie M. Garner. her
daughter. the widow and only child Of the late
Thomas Garner, Jr., to obtain from William Il.
Thorn. the trustee under the will of Thomas Garner.
Jr.. an accounting and to have him put out of his
Office Of trustee. which he has refused to resign The
grounds Of the relief asked for generally the i'm
proper and unsafe nature Of the investments made by
the trustee the charging of certain sums against the
estate paid and the fact that William E. Thorn.
the trustee. is pecuniarily irresponsible
THE COMPLAINT.
The complaint alleges that Thomas Garner Sr died.
leaving will whereby. among other things he left
$1000,000 to his son, Thomas Garner Jr to be paid
him within eighteen months after the testators de-
cease and that payments or advances made to his
children before his decease should be charged against
them; that Thomas Garner. ST., died leaving more
than $50 600; that. while many other legacies
paid-notably one to Frances A. Lawrence of
$1,000 0O0-the legacy Of 900 900 to Thomas Garner
Jr., paid him; that Thomas Garner. Sr..
died leaving will by which he left the income Of hd
of his estate to his wife for e the other half to his
daughter and the whole income to his daughter after
his wfes DEATH with the principal Of the estate to his
daughters children. and appointed William r. Garner
and William E. Thorn executors and trustees; that
William I. Garner and wife made mortgage to him
self and Thorn, such trustees Of Thomas
Garner. Jr.. upon certain property owned by
William I. Garner for $9O.OO0 that w. T. Garner
and William Z. Thorn, such trustees, also lent
upon bond and mortgage $4,000 Of said estate to
the Harmony Mills at Cohoes corporation in which
William T. Garner owned the majority of the stock;
that they also charged and deducted $177.754 03.
claimed to have been paid by Garner Co. for
Thomas Garner Jr.. in his lifetime; s7.154 IS for
personal taxes for 1869 and 1870. and $2546l 7s COM
missions and expenses Of executors; that the prop
erty upon which nearly $S0O.O00 loaned
as above stated mill property dependent
upon Garner Co. for its value and existence. and
unsafe Investment and unfit and unsuitable security
and such prudent trustee would accept. and
that in addition they also put mortgage for s790oOO
belonging to the estate Of Anna Garner upon the Har
mony Mills at the time. with covenants in each
mortgage that neither should have priority the
other that this done that they could keep the
money in the business Of Garner Co. and not pay it
out
ALLEGED NEGLIGENCE
That Thorn is so negligent that he has not taken
assignments Of the insurance the premises covered
by said mortgages but has allowed 1t to be assigned to
Garner Co.; that the sums Of $177,74 90. $714 55
and $25 461 49, mentioned above were improperly de-
Quoted from the trust estate that Thomas Garner.
| Jr., was member Of the firm OF Garner Il Co.. and
had an interest therein than equivalent to the
aggregate Of these amounts, and that the trustees
1 were not entitled to any commissions. The COM
plant then goes to state that to 81 IS for
personal taxes paid. no such taxes were paid nor
could have been paid, the estate was not on the
tax books for those years and not assessed and
the books in the tax Office show that no such taxes
paid, but that said sum il half Of the sum paid
sod william
personal taxes, and which he and Thorn have wrong
fully and improperly charged against this estate
charging the other half to the estate OF Anna Garner
ATTACHED THE INTERESTS OF GARNER co.
| The complaint then goes on to say that upon the
| death Of William T. Garner it became the duty Of
William f. Thorn. sole trustee to enforce against
| the firm Of Garner Co. the claims OF this estate,
which he has totally neglected to do. That the bus
ness Of the Arm Of GARNER Co. s being carried ON at
loss; that plaintiffs believe Thorn to be prejudiced
against them and hostile to them, and careless and
indifferent to their interests and that his motives and
actions all governed by prediction in favor Of
| the firm Of Garner \ Co.. as now carried on. and
estate will bo impaired and lost left under his
| troll.
ALL THEY HAVE FOR THEIR SUPPORT.
It Is further stated that the plaintiffs have requested
Thorn to have the mortgages before mentioned paid
of and to reinycst the amount more securely. but he
has refused TO do so, and they that such trust
estate is their only reliance for support that they
have no other property and that Thorn IL man OF
stances above set forth show that he is not At or
suitable to be longer ntrused with the trust
estate that Il should be more securely invested and
the plaintiffs and in their deprivation OF the means OF
support.
The complaint then goes state that Of the pro-
portion Of the income Of the trust estate which by the
Fannie NJ. Garner only small part has been annu-
ally appropriated to that purpose and that the surplus
of 1t has been retained by the trustees by Thorn
the survivor for the purpose of accumulation; but
how the has been used the plaintiffs say they
| do not know nor have they been informed. except
so far AZ the information communicated by means Of
the letters written by Thorn to Mrs. Garner refer
TO the investment OF such surplus The first " these
| letters, dated March 10, 1877 liz AZ follows:-- .
THOSE IDLE TALES
reply to being which
n safes IN New York; In general terms. howsysr
and tenement: and i@pross%o Hsinony Mills
% sssss bond: @ y
s.S ss % ss Garner
rh Bonds sue arc rs q morn
gage upon tho mill Ac,, here to which r,s, tho
Ss RRI. eS Il % PERFECTLY
ws l. hs
hsy @ under our % e hope snss
which you favored with specimen ons thing Ger
tain s ered. o. tho e9fcsrn T @ o. g. , "a o.. never sGoS
Connected Scswish need saase you any disturbing Thought
% S Ss @ ssy @ A 90 S
your mind At ''n' q writing wiaS VIII nl' 4TfonS
In the death clearly
forth IN n special book Garner Go that difficulty
possibly arise DO no, be worried them. You win
be cared for carefully.
The second letter dated June 1877, s folows:-
HOW THE ESTATE Ii INVESTED
.ConoKs june ., 1877.
NY DEAR Mus GARxERIn accordance with the Of
Mr. Col. send you the statement Of the investments Of the
FrA mortgage $1,000 upon all the mills real
(about four hundred and fifty belong
ing 10 the Harmony Mill made by them to the late William
r. Garncr and William r.. Thorn trustees interest
able January and July paid to January 1877 Against
this there claim Of S2 413 " due Messrs Garncp& Co.,
made and carried BY them since the estate
settled that the IL that amount less than the
face, with interest added April 1877.
.Sscont-A mortgage OF xssuOUJ the Rochester and
Pleasant Valley Cotton Mills bond made by Mr. arncr
mortgage duly recorded interest payable January and July
4 paid TO January |, 1877.
fhi,dSoe 900 first mortgage bonds Of the Cohoes Com.