The New York herald., 1878-10-15
THE COURTS.
The Pitiful Petition Of an Impecu-
niOuS Heir.
AND SON.
Guardians Of Minors Brought to Strict
Accountability

correct was submitted yesterday to Surrogate
Calvin by Messrs William F. Kintzing and George L.
simonson, counsel for Robert q. Westervelt, the
petitioner 1t Is stated by Mr.. Westervelt in his
petition that ne Is OF tho heirs and eaatee
der the will OF his deceased mother. Eliza NJ Wester
veIt, who died In January, 1873; that jacob A.
Westervelt, Dansd d. Westervelt and George Clark
we're made trusteee under the Will. and that, in
addition to finding the unmarried children home
tho trustees directed, II auy OF the decsdcns
children, from sickness ether unavoidable cause,
become needy, and II the income OF the estate be In
sufficient to relieve them, thcn the trustees and
Icutors are authorized to furnish them with such
Mei charging the amount expended to the reel pents
Individually and doducting such amounts from the
portion Of the estate devised TO such party parties
for whom tho expenditure is made. He next states
that he is unmarried and resides with his two un-
married sisters, his father, Mrs. Hastead, and his
brother, Aaren j. Westervelt, at No. 63 West Forty
eighth street, a homo furnished by the trustees,
according 10 the Will; nat previous TO his mothers
death no resided with his parents, who wore both
In good circumstances In life; that no was provided
advantages OF good home; that since his mothers
death never received ono cent from the .rus-
lcss Inan $3.50 per year; that molher's death
he has endeavorod to support himself as far he
couIL that he did support himself away from home
IN PIainhed, N. j., ana Mexico for over years
and months; tnat he has endeav0red, TO the best
OF his ability, 10 obtain employment In order 10 sup
port himself, ana had been unable TO do that Tor
ihis voldable failure his part no has received
only abuse from his father, who is Of the
trustees; that no requested his father about a
year ago advance him 81 600, which to
commence business in the West In order TO provide
tor himself independently OF the estate, and not be
an thereon, but that hts iather
do it; that he Is ship carpenter by trade having
ihe Great duincss IN snipbu,lona for the last Ave
years, he has had no opportunity 10 follow hts trade,
ana .nat he Is perfectly wiling TO work 70 become
NnA nhanf mn huah N NH nl0W.
menI He states stili further that he has been
obiged contract debts 10 the amount OF $S5 to 500
Tor u; that his father representing the trustees,
has refused TO pay such bills; tnat he has been
Daniel D. westervelt, his brother, out OF
the estate, 5000 within short time
has never been paid; that they have advanced
10 Aaron j. Westervel out Of the estate 81 0O0 aud
TO his Two unmarried sisters various amounts from
year to year Tor accessories He iurther AYERS that
be Is in need vi money 10 start business Tor himself:
that during the time he has bcen OF employment
he has never received any money outside OF the
small sums paid MIS- necessary wearing apparel;
tnat ne has always boon obliged to walk IN search Of
employ ment instead Of riding, Tor the that
be has not had money 70 pay car fare ana that he Is
utterly destitute except tn At he has had place In
wh,ct 70 eat and TO sleep nat his relations with tho
tween them that ne eats alone and sits alone, aud
that MS homo life is oil sucn nature ss 10 be exceed
inely unpleasant aud disagrseable TO MIN. He says
that II s necessary that ne rent another house and
bs provided with the means TO do SO that every mem-
vdcd out oil the estate with means do as they
choose, but that he has been invariably snubbed
bic request that he mas made Hs asxs that he may
bo allowed Of the estate allowance OF $500 per
year TO provide himself with necessary clotHing as
belts his station life, ana that he be allo wed
out OF the estate 900 To enaolo him TO busi.
Tor himself, this last mentioned sum To bo de-
quoted out OF has share In tho estate VI the dscease OF
hrs fatner
In response to tho above petition and tho ap-
pication OF Messrs. Kinlzng Simonson, the Surro-
Gate granted order trustees OF the
MS already named appear before MIN on ncxt Thurs.
day show cause why the prayer OF the petitioner
should not be grantej. Mr.. JACOB A. Westervelt the
father OF the petitioner, Is the well known Commits
Biouer oi Docks. or course already Inttmated the
petition presents but ono side OF the case when
She other side developed tne hearing before the
Surrogate an entirely different complexion may be
put on tho affair. Inc value Of the estate in ques-
tion Is said 10 be about 100000
MINORS AND THEIR GUARDIANS.
II has been tho practice heretofore IN the Surro-
ga,c's ofce OF this county, whore application made
Tor the appointment OF q guardian Tor q minor in
moderate circumstances. to require security In
double The amount OF the personal OF the
and double the Of the rea
inisnt tor period OF three years. for
period covering the whole minority OF such nan for
the reason that the guardian bound 10 main lain,
educate and support the ward Of suoh rents aud
tbo income from tho personality Cases. however,
may arise where, owing TO the tender age OF lhe
TO look after their interests guardian may squander
.Bucn rents ana Income and use The same for
purp oses leaving tho wards without proper support
and maintenance. Ia view OF this Of facts
Surrogate has made order directing an inuex book
names Of their general guardians and the names OF
the sureIcs OF each guardian shall be duly and prop
sry entered, and also tho time when the annual
count, II any, OF each guardian WAS rendered and
HE'D SO that at a glance II may be seen hat
state and condiion Of the guardianship of such
fanI The Surrogate has also airscted The uardian
Clerk to notify all general guardians who navc here
toofe neglected 10 account according to law 10 ap
pear and Ble their several annual statements OF re-
ccpts aud disbursements, WIN the balance on nand
as required by the statute In such casc so that ia
case they fal TO account proceedings may bc taken
Tor their removal.
QUESTION OF JURISDICTION.
A question Involving the powers OF judges OF the
Court OF Common Pleas, assigned to hold special
terms and circuits OF tho Supreme Court TO sit at
Chambers and grant orders OF arrest in tho
latter court argued yesterday, before The General
Term Of the Supreme Court, by Mr.. Thso. sutro
IN favor Of such power and Mr.. J. d. Fay opposed.
The question brought up writ OF certorar TO
reviex a decision Of Judge Donohue sustaining an
order Of arrest granted by Judgs Van Brunt against
Edward Ireland. Mr.. Sutro argued that the powers OF
judge at Chambers are necessary and incidental 10
his powers Circuit special Term else that the
order DO hold to be made nj Special Term but at
all events that section 24l Of the new code empow
cred judge OF tho Court OF Common Pcss rs such
10 grant order and that II there any doubt
" ehoud DO s0vcd In favor Oh tho n
contrary docsion would invuiidatc nnumerabfs ju-
nicAi acts done durng the last egnt years by judges
sttug IN the supreme Court The same as Judge Van
Brunt and would thereby work irreparable mscbicI,
sause endless litigation ana DO contrary TO pubic
policy and justice He CLAIMED that u should be Jeff
10 tho Legislature to remove every SUCH doubt by a
suitable Jaw. Mr. Fay claimed that tho OF tho
code winch provide Tor granting orders Of arrest In
Supreme Court gave tnat power only TO judges OF
that court and to county Judges and tnat Judge Van
Brunt as the law now stands, is neither Tho Court
reserved It's decision.
CASHIER OAkLEY'S ENCOURAGEMENT.
In the criminal branch OF the United states Circuit
Court, before Judge Benedict, Edwara J. Oakley.
cashier OF tho Merchants Exchange National Bank
OF New York, who ndictcd In February. 1870, on
the churge Of einDszzlcmsnt OF $3.50, 900, ana who
was arrested on The ls,h OF July last Withdrew yes-
terday his plea OF not guilty and psadcd guilty. As
eistaut District Attorney Fiero stated that he had
reason 10 believe that all the money ombczSiod. win
the exception OF about $25,U00 mad been appfopri-
nted by the brother OF Inc prisoner and ost IN vail