The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-25
TINGLED FOR FIFTEEN YEARS.


William Winters suit against Samuel r.
Webster. trustee. and others to set aside n trust
deed made 10y him on Dec. 90, 1863, TO Daniel c.
Birdsall. WINS on trial in supreme Court. Cir
cult. before Judge Potter. yesterday. The sub
jec matter Of the suit las been before the courts
almost constantly in some form during the past
fifteen years. Gabriel Winter, who in his life
time was a lawyer Of hlsh reputation. died in
February. 1862. leaving IA his only heirs vii.
liam Winter. and Mortimer Livingston md
Henry W. Livingston. children OF John Liv-
ingston. lawyer. and whose moiher. Gabriel
Mintcr's daughter had died in 1853. William
Winters undivided half OF his iuthcr's proper
V. consisting OF Tral estate ia this city
and IN Flushing, Long Island was valued
at about 100000. John Livingston. who
in GABRIEL Winters lifetime had unsucccss-
fully sought 10 have him adjndgcd a lunatic.
Immediately after his death instituted lunncy
proceedings against his son William. After n
HrTolop9eet !EG W&hicg &i Mr.; Mggter gaS sa!s e3st st
Of sound mind. His attorney Tor the collection
OF his rents at tha, timn WAS Thomas W. smith.
with whom he boarded. In the same building
IN which Smith had his ofice WIS Daniel G.
Brdsal. n LAWYER, who induced Winter to 20
and board with his iaihcr-in-law. and soon
after persuaded Winter T. execute trust decd
10 himself conveying to him all his property. to
collect and Vny over tho rcnis, Tho properly ut
his lWntrr'sl death TO GO To- his lawful issue
II any. and IL not. to his nophewS now living"
Mr.. Winter hrgUn the present suit in july.
1871, to set inside this decd. declaring that he
WIS induced to execute il bv u fraudulent rollu-
sion and conspirg between B. .rdsail ami John
Iiviue~ton. Birlsall. iu order 60 induc" him to
sign Il. said that Livingston was wasting his
estate 10y constant useless and expensive lttiEn-
uuns and Proceedings and WINS about To- take
utEsr luuacy proceedings nChin-t him. and th at
n trust deed would thwart all Liying-t1n's mAch-
nations. an1 that then the instrument might
he revoked. Winter, on draft Of the proposed
deed being shown him. objected TO clause
giving the whole OF his property TO IivinEst0n's
children. because he wished at his death ~ be-
queath his property to whom he saw flt The
next day Birdsal showed him the snmc deed.
with the word nephews inserted instead Of
the name of Livingstone children saying he had
Put in the wor, IN order, apparently 10 satisfy
Livingston. although tnat would be- giving his
property to no one at all Winter was then in
ducrd to sign II. and Birdsal until 1869. con-
tinucd TO collect the rents, amounting from
IS 600 10 10000 year. and Keeping Winter in
seclusiun NJ tho house OF B.risAll's sister at
Tarrytown and other places.
Birdsall Winter says. gave him not moro
than 5000 n year for spending money, and
charged him 10 be- careful not 20 20 out of'doors,
for fear he might he made away with or carried
OF 10 an asylum in partssunknown on the GER
tihcaie OF two brihed doctors. who could hc
bought for IS piece. Livingston. soon after
BirdsaIs appointment as trustee. quarrellcd
with him. and. rs guardian for his two children
moyal AMI the appointment ot another trustee
under the decd In tn" tendency 81 one II
these proceedings. in 1863. BirdSall resigned.
and Jonn II. White was appointed trustee Ia his
| stead hy Judge Geo. q. Barnard. After Mr..
| Whites death. IN 1873. the present trustee. MIR.
| Webster. WAS appointed 10y the Court
The deieudunts. in their answer, dcny any
| coliusicn on thcir part. and aver that MI. VIM
| ter hal ratified the trust decd during many
! years after i was executed. Ali'r Mr.. " inter
had been called 20 the stand yesterday - -tify
| journment I'm order e. allow John LivinLston.
/ who appeared Hs attorney Tor MS TWO sons, 70
| get counsel 10 assist him. Mr.. Winter j. a TAI !.
| white-hnired. pleasant appearing man oi nearly
| 40 years OF ugp