The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-23
SURErIES ON A BOND.

The SUIT OF the people ex rel Catharine Wood
against Richard Holmes, which was before Judge Van
Hocsen yesterday IN the Court OF Common Pleas 10
somewhat peculiar IN many respects The action 10
Srosgnt pond OF Elizabeth Megar, given OBJ
Ain letters Of administration the estate OF John
l. A. Wood, deceased, the husband OF the relator,
mo claim sought TO be recovered being one-third
share OF tho estate Tho answer sets up that the
ION OF July, 1870. Elz sbeh MeRar and William Megar,
nsr husband, represented TO the defendant that q
wholesale WINE aad liquor merchant doing business in
Nest street. OF wealth, would sign the bond,
I'D that the defendant relying the trnth OF these
feprescn taous signed tho bon1 but lie now alleges
that fraud was practisod upon him, as
instead Of procuring co-surety In the person OF a
uholesaie wine merchant OF immense wealth
the Megars procured n person entirely unknown TO
the defendant, IN no business and wholly insovsnt,
MI Of which concea Cd from him, whereby he
shsrges thai he is not liable 90 the bond. Tho PLAIN.
had not been served within the time Inn
asd by the Court The motion yesterday was to open
his default, II beng claimed that the papers were
wguiarly served and That such service was disre-
ysrdcd by tue plaintiffs attorney. Among the ati-
iavits IN opposition to the motion was one male by
The paiuiiG Catherine Wood IN which she states that
sue married TO John r. A. Wood, now deceased,
on January 10, 1864; That she was bis second wife,
thst the marriage was we'll known TO all his relatives
that the contracted at the request oil
hIs chiidrcn aud more especially Elizabeth Burton,
mis- daug nter now Elizabeth Megsr. sne states that
Aiter the death oi Le' husband Elizabeth MeRar APP
pIisj for ietisrs oil administration Of the estate and
rcpresenie the reator's husband widower,
though abe we'll knew That tue relator was married
~ HIM; that the defendant Richard Holmes 10
uncle or second cousin OF Elizabeth Megar;
that he, we'll knowing OF the defendants marriage,
became the bonasnan Tor Elizabeth hegar, aud That
he latter thereafter refused 10 recognise tho depo-
she appeu for revocation OF the letters oi I'D
uinistrsuon, which after long opposition sho OBJ
aimed. aud declared The wiuow oi the deceased.
She says that Ia the mesbtne Mrs Megar disposed OF
tll the assets OF the estate anu that She being now
lily nine years OF Is thrown entrsy upon inc
ebsrty OF ber trends and ~ unaocto support herself
She adds urtner that her iurnuure has been sod Tor
storage api that sue Is pcnb aud without home.
L. frabcis gibbons, the plaBths attorney, also
sn alndsvI, ~ when he states That Mrs Meqar's
bono suretos the uei, ndant Holmes GEORGE
H. Clarkson; that The latter Is noncntity; that his
docs not appear IA ANY OF the city directories
for the last several years. aud that place ho
located mis- place VI aud liquor iner-
chant has Tor the last ten yours becn place
for making bosrs and Tor Old iron lie charges that
tbe defendant Is SIMPLY seeking to delay payment OF
The ana that his answer sets ny No good
vsnd defence. Judge Van Hoesen TOOK tho papers IN
The case.
FORCING ACCEPTANCE OF TILE.
In the case Of Augusta Muller and Louis uller in
fants, brought by their guardian ad l,em, Mr. j. O.
julius Lsngoen, against Augustus strupp and others
In PARTITION, motion 10 compel the purchasers OF tho
property take TILE under decree Of the Court was
made yesterday Wy Mr.. LangDein before Judge Dan
iein. IN supreme court, chamoefh lhe purchasers
had used TO accept TILE the ground that The title
offered them was not valid Tue property sold be-
ioussa 10 the estate Of the late Adam Muller aud
listed OF real estate 10 avenues b and aud East
PousIu street this city. said to be worm $500
By me decree valuable portion vi the prop
sri, Vas awarded ~ the infant plaintiffs, tue re
manner being svid 10 lssac heiiDuru, BarUetta Sol
pn,on ADD Joun GlOney. rue objections OF the pur-
eussers 70 tsse tue were that Ny tie viii OF Adam
Muller the estate could not be divided anu sod un-
years OF aye In answer these objections
mere was presented TO the Court the decision OF the
Supreme Court, General Term, 10 the case OF Young
sra,ns, LaugOeu, hoiuing mat tue estate Couiu DC
divided be ore tue youngest chnd had come oil age
ana tuat the lee vested The Gu dron; also the de-
eisons oil judges sougwick andsSps, Vi the superior