The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-24
THE GARNER ESTATE.

SUIT BEGUN IN THE SUPERIOR coURr BIZ THE
WIDOW TO REMOVE THE SURVIVING TRUSTEE,
MIR. THoRNE-aRoUNps OF THE ACTION NOT
SET FORTH.
When the iiI-iated yacht Mohawk sank beneath the
waves nearly two years ago, she carried with her as
will be remembered, among other unlortuuatss Com
modore Garner. The deceased gentlemsa's estate
very large, being estimated al several millions oil dol
hrs Among the executors and trustees OF The de-
ceased Commodore, as also OF Thomas Garner, Was
William L. Inorne who was one Of the survivors OF
the disaster referred to. Mr. Thorne, IN his capacity
OF trustee and executor has ever since managed the
various trusts created by the wills Of the
deceased Carriers and necessarily making tho
investments for the several trusts, including
those in favor OF the widow OF Mr.. Garner
1t would from tho facts disclosed
in petition presented y Judge Sanford In the supe-
rior Court yesterday that Mrs Garner is not entirely
satisfied with Mr.. Thornes management OF the trust
estate, aud for the purpose OF obtaining substitution
OF trustees and 10 compel accounting, has inst-
tuted suit IN the Superior Court. The action is
brought by Harriet II. Garner and Frederick H. Car
ner, an infant by guardian. against William f.
Thornc, surviving trustee under The last will and
testament OF Thomas Garner, deceased; Mafcelhts
rhorne Garner, Florence Josephine Garner, Editn
Marian Garner aud Others. Ihe case came before
Jaoge Sanford Yesterday ON an application by Mr.
kingsord, the plantIs' attorney Tor An order OF the
Court appointing guardian I'D Item Tor the three
children d.fenasnts as no guardian has YET peen ap
pointed.
MRS. GARSgR's PETITION.
Mr.. Kingstord. the piainun's attorney, In his petit
ttoE, sates thu, The action WIS bSought for the re-
moval VI William 4. Tho as trustee under the viii
oil Thomas Garner, Jr., deceased, aud that the New
other suitable trustee be appointed IN MS place 10
execute tho trusts created by the deceased tesator
ruat Mr. Thorae be compelled TO rendera Iull. true
ana just account ot tne trust estate amounting 10
ST. 600 000 ana That he be compelled 10 transfer and
hand over under tho direction Of the Court tho whole
OF The trust estate, with It's interest and accumula
tons; that Mr. Thorne ~ surviving trustee and
Samuel W. Johnson az surviving partner OF the
son, John j. Lawrence aud William e. Tnorne
executors ana trustees Of tho last Will vi William
7 Garner, deceased, 10 held liable and be COM
pcllcd make good ana pay the trust estate
much OF the trust iund as may appear 10 BIO owing
from Garner Il CO.. tnat the estate Of Thomas
Garner, ST., DO also hsd liable TO make good and pay
SAID sums, aud that SAID Thornc AZ surviving trustee
and the other surviving partners OF William I.
good ana pay tho plaintiffs trust estate Whatever
OF Tho interests or accumuations Of the said trust
estate has been retained or reserved by Garner Co.
and not properly invested, ana Otherwise to Secure
the PLAIN trust estate The petition then goes
Garner, Florence Josephine Garner aud Edith Marian
Garner are The only next oil KIN aud helrsat-aw oil
William Garner, deceased that the summons has
Marcellite being ten years and six months, Florence
Josephine about nine years and Edith Marian about
tour years months Of age. The petitioner
then that guardian ad Item tor these inian
has yet applied Tor or appointed wherefore he
asks that some suitable person be appointed by the
Court as such GUARDIAN, 70 conauct the Them
Upon this petition Judge sanford yesterday appoin led
Nathaniel 5. smith, OF No % Nassau street, as SUCH
guardian, aut or!zing him 10 appear ana defend the
action on their benalf.
NO CHARGES STATED.
The HERALD reporter called ~ MI kingsford's ONCE
aad ascertain The nature OF tho charges
against Mr. Thornc and the real object Of the present
litigation. Mr. kihgsford, In answer TO inquiries,
stated that the actlon was not friendly one,
brought IN good iaith He stated furthermore, that