New-York tribune., 1879-09-10
THE COURTS.
A SOIrANnEKEn ESTATE.
pnARP DECISION OF JUDGE FREEDMAN n hhAA.
rIoS To THE MANAGEMENT OF THE ESTATE OF


TION To THE MANAGEMENT OF Ihh HSiH' ~
THr LATE NATHAN c. PLArr,
Nathan c. Platt wealthy resident OF Ne"
York died Jaly A. 1883 leaving large estate, oi ""'
his three sons Nathan c. Patt William H. i"'' "nu
Rpcncer C. Plat made executors 10y '"e WI, '
propcriy WAS equally divided between "so
,hrec sans and an only daughter, Cstharine W
Core ~ Park Commissioners william Il. Martin
had hem the confidential legal adviser OF the
deceased Nathan c. Platt, and after tae l"''ei
death through variety Of circumstances he was oou
tnucd rs coun el for the estate In that capacity ne
had the responsibility OF several large uansSc'"he y"
his hauds and considerable sums OF money came INTO
his possossion several months Mrs. Cstharine w
Cook began action against the executors "s"e'
William L Martin ard against certain Judgment ofeo'o-a,
for an account Ing and the appointment of rec"Ner"
the estate in place OF the c1ccutOrf. ana for tie dtter
nation IL the vadity Of certain judgments held NV tue
ua .nent creditors More recently motion VA maze
In the action ia the Special IeTu Of the superior No"
fo the appointment ~ receiver during the peuu'he o'
The get .1n and the tnuanCe OF an nJhcoh Fe'"n
inc ile executions aud ". X. Martin IRON interfering
Il he estate and tho judgment creditors from keihg
up enforcing their judgments until further orders OF the
Court; IAe decision OF Judge Frecdmals handed Gown
yo.rrI4y not only grants the motion hut makes reouS
charges against william Il. Martin aud Niliiam Al F.a'~
IN, circumstances upon which the suit Is based ana
fc decision rendered complicated, ana thch MS
tory ruas through more than hiteen years. '4I''"s
KnE in March. s62 obtained 70 Judgment arnnst Tie
deceased Nathan {. Platt, directing Mr.. fAU 10 pr
form an agreement % purchase certain rea estate "
Tliy-uats, and Fiith-ave. ihe litigation over t'S
ur,c,sau- was carried TO the Court of Appeals NAl1e
IL waS IN progress Mr. Piau ass gned foI nominal con
sderat!sn lis contract for the sale ana lai-
chase of tie real estate 70 q man named hoSee''
who ateIward. according TO the alieSatons ." '"e
plaintiff assigned she same TO william X M"flh i"I h'
eonsia. acm. The land was sfterward taken Nv '"e
city for pubic square, and damages ainounihiS 10
sos5OOo were awarded After all the liens were pA'd
balance remained the hands Of Hr Martin on August
g 1869 81 SlI5.369 29. II ia further charged by
che co.. plainant. and the allegations are sustained
td SIS 800 - for counsel fees retained $4,000 hun
sef ANA psld the remaining s4dCoO only io me heirs
of Nathan e. Platt. or the latter sru. toe, william b
Plat received s2GO67 40 TIE plaintiff claims thai
Thee transactions were the issnl; o an asfcte.i pc
tween Nr. Aartin ana Niilam H. fia 10 o,hent tnf'-
seves al tUc the estate; thar all me cICun-
stances were concealed from her ana were not eA-
I'aiacd to The other cxecuicrs
There was also another suit hy the excutors n;inst
George W. Patt 20 recover about S5", 600 MI Martin
M counsel was IL accordance win Wrltten afsee-
sne; to receive enehalf o; i.e amount ihat S"i@ De
tnio is ISnds he retaned half-sboui SJJO0O-0G the
strength OF the agreement but be paid nshEg 10 The
other counsel. SUIT Is now rcndl1c ID winch Judge
Empi seeks to recover Zee Of $4,000 from Tie estate
Incrc are several oiDer transactions more inv.Ned
Than mentioned but they are sufficient 70 nclcsie
The basis oi Jufge Ieetmas structures nroh MI Mar
TN mul vi Ham IL P!att ANA telr methods OF hiauseing
the affairs Of the estate The Court sals sft"r deisng
the iac,s: " or The three eAecOtors, ".am H. Fatl
wa- who kept hin.seli post ~ regard 10
ee ion tf
cations IA which II vac GNvNto' l h' ana uIl" H.
Martin SO 60 have worked together to mu
~ sg"i' The rxpensc - the estate. spencer C.
Pau nni N,ih,u q. fistt as e1ecutora Meie advised
only -o f4r necessities of NiSm *. Martin aud
William ~. Pat rrdured, aud they received oiiN sum
% tg. doc, Instruments IN the lanSs Of their
brother anu william X. Martin, and 70 have sigued
what,yer papers presented for their sigEsture
without much inquiry concern The plaintiff
though entitled 10 share equally in me estate
with tnr brothers. never wa consulted at all
Upon the whole case cannot hesitate 10 CONE % the
cone that not only Insolvency exists anu col-
ce,uEi-ni AHA nl-mahssen,h' bS.e tahon P..fe, ana
that such mislnanSgemcnt u hsely TO continue 10
tween tn d,ienaants William u. lati sud "; II. Mar
Tin n .pfacs exists uuswfUlN 20 benefit themselves
at TIE expense e tire estste, and especially al
tno expense of tho plaintiffs share therein There
NJ cases IN wA.ch iecIs. and especially Actions
~ the nar eeems to fan within this class
1nv impoSiance 10 ile statements Of W H. Piatt
ana ". Il. Martin denying the existence ~ "A combna-
iaiih; osurcnlly in addition each Of them appears
roulaci"t upon several material points IN the case hy
ni.ineroied testimony aud W ~ fiat sland contra
d.cted 10 essential particulars By his owD oath In the
action lrOuglt by tho executors AGAINST George W.
PlNt Eyen tho course pursued by Mr.. Mar
Tin on tne argument OF The motion could not
hun. admtlLe as hedid ~ not deuying that tue as
senme Z klyser 10 IA II Wa .soat een.idefa,lOn,
tract OF tno recipients OF the money Including the plain
state. hat the assIgumeut ade 10 him TO enable
the share In the proceeds Of the property
individually ana no' as executors lhls proposition
L. shocking TO the moral sense OF an hourst mau.'
other phases of tno judge JrtcdLlHn
says: Tne attempt Of william X Martin 10 deny his
own Insolvency has been coupl.iey il,trsied oy ne
proofs. These proofs were found tO exist anorg tue
records upon the files of Tie County ClerEt Oulee
IL of the occurrences. well as from the neIcnt
probabilities Of the case - disclosed by tne Woo evil
drncr, have deemed IL duty IN passing upon the con-
flee disregard tne statements OF Whin
X Marn and ". Ii. PlatI. Tar as they stand uncor
IobOrajed by other proof. lexceednsy regret that an
impartial discharge OF duty forces TO come a. THIS
regret II oil The more Tor tue reason
". Martin has been for many years respected
the cSnndencs Of thoss wSo wore acquainted win
But cousI ratOns % sympathy and regret cannot De
permitted tie Judicial Eiipd against the evil
aence weight of evidence aud all cai thoei0se
with proITisty thai sincerely wiSn that W. X
Martin may ON a huai trial. succeed ia making his con-
duct appear more favorable light"
The tourt explains thai the piAntf does not make
any l!e ltios irregaaritss against either OF the
ot6or executors. SstHsu q. Pist or Spencer G. Paii
the demand for the sppOip nen of receiver ~ not
made of any fear OF t~r Intentional nlsre OF
the trust "She simply clsi4s," the Judge wnus,
collected have been improperly spent, aud that
the ahi.itv of Mr.. Martin 90 spend In future,
We'll his ABILITY 10 SOL cut Tue eu-
tire judgments, dangerous 10 tie rights Of
al concerned sho thinks T1ghts OF all con
wuuid bc safer IL the scusrs were removed
put In tucr paco OF 50 hugh Character as
fOrod the lDutatlon tEgt he could DC useO Tor al
unworthy purpose. In THIS entirely agrec IN ber.
The injunction Is therefore continued ana lie motion
fOi receiver is granted The Court, LOwever Ge.iTes
the suxg-Suus o, counsel before naming tAe receiver
Judge Freedman ia tue course OF the cpln!on thhes
occasion 10 speak Sigh praise VI the esa. ability ~
MI Martin ald hs 10 ~ be tlnks tlat the 1Ioouo
receiyef By Ir Martin fOI bs legal services TO
the III - not more than TIE services were
worth
CATLOW SET Al LIBERTY.
IMPORTANT DECISION ~ COMMISSIONER OSBORN
,rNtr.TrnN M rryr ryTpADfTIOS TRlA1Y