The New York herald., 1879-03-12
THE MORAN ESTATE.


| HOW THE TRUSTEE is SAID TO HAVE ADMINS
TERED THE TRUsT-BENEFIcIARIEs STARVING.
Complaints against trustees of estates becom-
ing aarmingly frequent in the courts. Very rarely.
however is presented in this category of lit-
CATION developing curious state of facts than
in the proceedings just terminated on motion to
move Forsyth Labagh as trustee of tho estate of
Robert H. Moran. Following the motion for Mr..
Labagh's removal the appointment of Fisher
A. Baker referee by Judge Barrett. OF the
Supreme Court. There were forty-nine hearings
before the referee the testimony taken being
very voluminous. The testimony showed that Rob-
ert H. Moran died July "a. 1912. leaving surviving
him four children-Robert Moran. Edward Moran.
Mrs. Margaret A. Hyde and Mrs. Sarah A. Street-and
real estate valued at 100000. comprising three
houses and lots in this ctyNos. II Rector street. II
West street and Is Washington street-and two lots
brooklyn. The average income of the property,
after deducting taxes and interest mortgage has
been about $4,000. which. according to the pro-
visions OF the WILL to have been paid to the four
children.
COMPLAINTS BY THE BESErIcIARIEs.
The nature of the complaints against the trustee is
best shown in the testimony The following for in
stance. is portion of the testimony of Mrs. Hyde.
Of the daughters, which fully explains ITSELF
Q. Are you a widow? A. 1 am
q. How long have you been widow? A. Since
1864. and have three children to support.
q. How old are they? A. Seventeen sixteen and
nineteen.
Q. Have you any regular trade or business or pro-
fession? A. No; am at home occupied with the care
Q. Please state what your circumstances are
whether you have any income except what you
ceive from your fathers estate? A. only have
small pension from the government.
q. How much is that? A. Twenty dollars month";
on that support my three children and myself.
Q. Do you know Forsyth Labagh. the trustee? A. I
i
since was hve years old.
O. May ask you how old you are? A. am forty.
gentlemen
O. Did you ever state to him what your circum-
stances We're and your necessities for money? A.
when was near to starvation with my children.
Q. In oroer to get along have you been Obliged to
borrow money from your friends? A. have been
obliged to borrow from every friend, and have
parted with every trinket had-those endeared by
association from my husband. and SO on, putting
pride aside am starving now; had nothing but
dry bread for my breakfast this morning; though
have been sick have been unable to procure
physician.
The testimony of Edward Moran one of the sons
OF the deceased: is Of equally startling character.
The following Is . portion or his evidence:-
O. How many children have you? A. Ten living.
O. What is your business9 A. am mechanical
engineer
during the past five or six years, and whether they
have been such that you really needed the income
that my family have lived Indian meal ard salt
for three days, and thousands of dollars due
from MT. Labagh, In my judgment.
Mrs Street. the other daughter. testified that she
is the widow Of Judge Street; that she lives at
Council Bluffs and has three children dependent
her for support. The following question and
is an epitome Of her complaint
q. Have you adequate means Of support? A. No.
sir; am very much embarrassed and involved from
my not having received any income; I have had
none from the estate for over two years.
Robert Moran the other son. rectes his Intellectual
efforts to obtain the money claimed to be due him
from the estate He finally threatened to bring
suit when he was told he would get all the law he
wanted and nothing more. 1t was his petition
that the present proceedings for Mr.. Labagh's
moval as trustee were instituted HIS story shows
that he was only kept from starvation through the
kindness of friends who loaned him money.
MIR. LABAGH's DEFENCE.
In his testimony MIR. Labagh undertook to defend
his action as trustee. The following is a sample of
his evidence from which it will be seen that he did
not make a very good showing for himself:-
Q. Do you recollect what the income of the estate
was in 1870? A. No, I do not.
Q. Do you recollect about what 1t was? A. No, sir
q. 1t was more than you had to pay out wasn't il?
A. don't know even that sir.
CHARGES.
The accusations against Mr.. Labagh do not all ap-
pear in the above recital The most serious charge
was drunkenness, and incompetency on this account
to properly administer the estate. All the beneh-
Charles under the will charged him with rudeness, at
times amounting almost to personal violence. They
say that his invarlable excuse, when he ventred
give one for not giving them money, was that tho
estate in to him, and that nearly all the
money they did receive from him was through Or
ders of the court.
IABAGHs RoMovAL.
The testimony taken before the referee sub
mitted to Judge Lawrence. and upon the evidence
thus laid before him he yesterday granted order
directing the removal of Mr.. Labagh trustee and
appointing Mr.. James d. Fish In his place.