The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-02
THE COURTS.
DISTRIBUTION Of a Residuary
Estate.
BONDS OF ASSIGNEES.

Judge Larremore who has been sitting during the
last term IN the equity branch Of the Cour OF Com
mon Pleas has just rendered interesting decision
in the suit OF Leo Godmark receiver Of the properly
OF James r. Savage against Sarah Ann Savage, indl-
vidually and acting execulrx OF the VIII OF Rose
Mallan. Goldmark was appointed the receiver Of inc
property OF James r. Savage IN supplementary pro-
ceedngs and brings this suit TO recover the distrpu-
tive share OF debtor under his motners wii ana
to restrain the payment thereof TO him. Rose NAL
ians will admitted to probate on the ID OF sep
tomber, 1872 Among other requests was one to her
son, James p. savage. and her daughter, Sarah Ann
Savage, under certain trustees, deyising 10 them
all the residue OF her estate, excepting house
In Thirty fourth street, giving them and their
survivors power 10 sell the and directing that
the sale may be made alter her decease az
possible Oneourth part OF the proceeds OF the sale
were TO 20 10 daughter and $4,000 out OF the re-
naming tbree-fourths to be invested IN bond ana
mortgage IN the name OF the trustees sno snn9a IN
come OF which DO paid over 10 her son, James
r. savage during his lie, and alter his death the same
divaed among her daughters and granddaughter
excepting certain portions which were given 70 tho
Rev Arthur j. Donnelly, OF ST. Micnael's Church. the
Roman Cathonc Orphan Asylum and to her daughter,
Sarah Ann Savage, be by ner gwen 10 such charha-
bic institutions as she might think 1T. Tho Will
further provided that The trustees should pay
the balance Of the remainips thrssIour.ns
10 her son James =. Savage, and It was
declared that the last devised real estate from
the time OF tue death OF the testarix should DC con-
sidcred as absolutely converted into personal real
estate and subject 10 the trusts before mentioned
Letters tcstnmentary were granted 70 the defendants
Sarah Ann Savage aud James Savage, but The latter
resigned ana was duly discharged. The complaint In
the goes sale Of the rcslduary OF the
estate OF Rose Mallan by the defendant. Sarah
Ann Savage sole acting exccutrx Tor $4,000
the receipt Oi such sum Oy her; thai no part OF
such amount had been paid 10 Tho judgment
del lor ana demands that his portion be paid 10
the plaintiff ss his receiver. By the deposition oil
Sarah Ann Savage which was read on the uial ~ APP
peared that since The dccease Of tue testatrx,
had been made by the executrx TO The judg
debtor account vi his share N the resiuuary
estate nearly quite equal 10 the total amount except
fund OF OOO vi which tho judgment debtor
was receive the income during his life. Prior 10
dcrcd final accounting, and decree was made allow
ing her accounts aud directing the paymeLt AMI dis
OF the unds remaining IN her hands, which
was accordingly Gone, aud tue final decree was nied
the Surrogales Office. Judge Larromore In his opn
ion hoos that The plainur has Jailed 70 make out
case. that the p0wcr Of sale properly exercised,
and the proceeds distributed In accordance
wish the terms OF the Will he cites numerous
cases. and In conclusion says:-"Netthcr was II bad
iaith the part Of the executrix make advances
~ the defendant Savage, an agreement that Sucn
amounts should DO deducted from bis share De Was
necessit0us circu mstances ana needed money from
time time for has support So Ter as the testimony
sh ows the executrx had notice Of the plaiutiu's
animation under the supplemental order The patn-
tin cannot reach The income OF the trust lund Vi
So 900, ana that 10 the only opery shown 10 have
been under her control IN which the judgment debtor
had any interest when this suit Was brought A. 10
any portion OF the proceeds the estate the hands
Judgment therefore ordered 10 favor Of tho deiend-
ant for dismissal OF the complaint"