The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-29

Recar then annxed their signatures a. w.
NASSAU. heard nothing said OF Dr. Elmer IN
connection with the proposed Musical College and
was not asked to keep the matter secret; saw Mr..
Wood oay once alter that time. and that was in Full
ton street. To The Surrogate the witness said that
Mr. God signed oaly one paper on that occasion
ana that was the codicil read by Dr. Elmer
RECEIVER ASKED FOR.
General Burnett, counsel for Dr. Elmer, moved for
the OF receiver for tho real estate aud
a collector Tor tho personal property, during the
continuance OF tho litigation
Elmer neither m heir-a-aw, legatee. devisee,
or a creditor OF tho estate; on the ground that an
The appointment OF such collector and receiver;
on ground that surety had not been produced Tor
ileutory to furnish such suroty before making the
application. All these objections were overruled
20 the mot,on claiming that by the terms Of the will
an express devise IN trust OF the entire estate had
ina codic should stand it would not affect the title
OF these persons 10 tho estate They did not ne
claimed, have 70 wait ior an aamnissrauon o. the
once and hold The entire property against all
other CLAIMANTS, as tho will WAS IN effect devise in
General Burnett argued that the executors named
in the body OF Will had no more rights than II
m he choice Of EXECUTORS He said that
now stood the estate valued ut over million Of
dollars was not legally under the control OF anybody
lie thought that ian indifferent person and
stranger should DO appointed 40 receiver, and not
MI SlmoEson, whose acts might have TO be con-
sldered III future litigatona
MUSICAL COLLEGE.
General Chatheid then presented to the court
pu uer OF papers, including IN affidavit OF Mr. simon
son aud petition signed by every person interested,
and every executor excepting one !! support o. .
request that il any receiver should DO appointed
Mr. S,mouson SHOULD receive the appointment. He
rehearsed iength the provisions Of the Will
ca meo ina. in any event the codicil did change
provisions OF the BODY Of the Will aud that even
II !. should stand, tho benevolent institution
10 be 6Iounoad. although us name would BIO
Tho Musical College. TINS ne said was IN con-
ing tho devise trust, which were not altered IN any
way ny the. conicL rne Musical College would have
TO DO . benevolent institate, on the plan
Of 81. Luke's Hospital, but It not
likely that It would ever DO founded, Tor
OF the estate after all the debts and claims were salts
ned would not amount 10 500, O00 instead Of being
over 81 600 O00 as the othor sids tondly imagined
Then us Tho executors 10 receive 5000 year
each, in lieu OF missions, Tor managing The estate,
there would be nothing left. The town Of Woods
burg. ne SAID, winch testator had but up OF
had cost between 100000 and 100000, but would
Mr. Absam WaKcman, council for MI. Hewlett who
had been tho plain.iT IN a suit against Nj. Wood,
said that as matter Of fact the appointment Of Mr.
Slmonson would be the means OF avoiding probable
litigation he united ainerent interests and could
act without the lack OF harmony that would attend
Juds. Emo.t, IN support Of General Burnett's mo-
tion commented severely on the Tact that Mr. simon.
son had formerly anxious Tor the appointment OF
rsce vsr and hnu asked the appointments Tor himself
General Barnot. said y was aot unlikely thai SONS
OF assets Of tho estate would 20 Ioupu 10 consist
Of claims against Mr.. Simonson
Judge Emott then that General Chatdsld's
speech announced TO threat that N case receiver
should be appoin ted his clients would assert para
mount tle refusc 10 deliver up the estate and defy
the authority Of the Surrogate. He trusted shat hm
Honor would DO deferred " no sucn threats irou
doing his duty.
The Surrogate took tho papers and reserved hts de-
cision on tho motion. The case will continue to-day
at eleven A. NJ.