The New York herald., 1878-03-08
FAMILY DISCORDS.

APPLICATION FOR AN ACCOUNTING OF THE
wITHERs ESTATE BxyoRE THE suRRooArx-
AN AGED MOTHERS APPEAL TO HER SON.
Whom tho late Reuben withers, for many years
president OF loading bank IN this city, died some
eleven years ago, making careful provision by will for
tho disposal Of hts largo estate excluding however
as beneficiary In such will hts daughter, Mime. do
wiihorst tho prima donna, no probably had NO anti.
| cpation that tho carrying out Of the instFuc.
| tious embodied In his will would be iol.
lowed by the present unpleasant litigation
In the courts Hts vile. stated In former
reports OF proceedings IN the case, u very old
lady, at present sojournng In France whore she has
resided for many years, chiefly In Paris Under the
Will Mr.. David Durham wIthers, tho eldest son, was
made trustee Of the estate. She recently charged him
with derection OF duty such trustee and withhold
ing from her funds 10 which she claimed 10 be en-
titled under the will On motion for hrs removal
It alleged that he had not been remss his duty.
but Judge DAVIS, Notwithstanding the allegation that
there had already boon paid 10 Mrs Wthers than
her due directed that bs paid to her forthwith
Aud thus tho matter has rested Tor quite whilo.
NOTION FOR An ACCOUNTING.
II was supposed that this would be the end Of the
litigation, and that, BY compromise otherwise the
breach between mother and son would be amtcably
adjusted. Such Il seems, however, is not the case
terday on o motion, before Judge Lawrence, in
Supreme Court, Chambers, for an accounting before
the Surrogate, such motion being made be-
halt OF David Dunham Withors by Mr. Maciurand.
Mr. Withers, as bensnciaries under his will Two
sons-Ksuben y. wiIhers ana Alfred B whhers-
aud four aughters-Mrs. Elizabeth N. Ludlow, Mrs.
Euphsmia J. Ciason, Mrs Virginia N. Paine and Mrs.
sophia de kancourt, formerly known Cora dc viii.
horst-and that mos. Of these parties now reside 70
OF the stock Of tho Hunters Point Ferry Company,
similar In the Houston street Jerry, the own.
ershp VI uEimproved vacant lots IN williamsburg and
1856 shares Of the capital stock OF the Bank Of the
state OF New York, together with interest
tain coal property In Maryland. The residue OF tho
estate ne iurther stated. consists OF silver plate
by the deceased. In the course OF his argu-
msn nss'es ns saa n oov e naa 10
without joining all the other parties IN interest," The
present notion he insisted, was to save great or
penss estate and Tor The purpose oil obtaining
final decree Of accounting In tue Surrogate's Office,
as called Tor BY Law.
Mr. John Pyne, on behalf OF Mrs. Withers, vehe-
monty opposed the motion. Ho read u lengthy an
Sav ,n o. n own, e%ooaynS saemsn. % o, mrs
since the trusteeship oi her SOU II was claimed
that this statement showed that all the money
not spent Tor household expenses was divided among
all the cnldren and completely demolished the accu-
sation that she was unduy isnuenced by any OF her
children and that the bulk OF Il expended any
one OF them, and particularly on Nine. de Ran
court the former Cora DO Wilnorst He insisted tnat
the object OF The motion simply ior delay, and
DO left to starve
MOTHERS LAST APPEAL.
Among the papers read was tho following iotter OF
Mrs. withers to her son, which explains itself:-
ARcAsHow. January 27. 1873
MY SON-In accordance with my feelings aud the
old friend. and also In shs hope
had enough OF this shameful scandal, have decided
appeal again payment Of my Income
formerly the Oath OF December Willie Paine cMme
before heard from lawyers OF the
Of the court TO me $4,000 ana he read letters
purportins to come from you In which you again
Bchofsheim. You know will consent
anything Of the kind but to prevent any
scandal decide mako last appeal finish unnat
conhie: aud let pass the time have live
Quietness, and not bo hurried worried
my grave unable to pay debts. dcbts honor
Pcasc communicate to Nj. Pyne reply order II
fsyorsbe stop 70 further litigation Your mother
To u. u. NIrHERs, ESQ. NJ. A. WIrHERS.
xxANIuINu
Tho argument on both sides continued at CON.
siderable length. Mr. Nscarland cited various au.
tnorities in support OF the motion. He also read y
very ELABORATE anhdavt OF MIR. Withors, sotting
forth the In which he haa ad.
ministerod she estato and claiming that
It's entire revenues mad boon distributed exactly
In accordance with tho provisions OF the WILL Mr..
Pyne also quoted various statutes opposition to
rno lion, but at the Same time expressed dishko OF
having peep compelled 10 ever bring such action
In the courts.
Judge Lawrence, ON tho termination OF the argu-
ment said would carefully examine the papers and
~ nVlO rinh Inn