New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-06
HIS FRAUDS SURVIVING HIM.

THE ACCOUNTS OF +. d. BRowN, DECEASED fNt-
CUToR OF THE ESTATE or A. 5. sCElDNEI:, TO
BE OPENED.
Abraham S. Scribncr died in 1850, leaving
Wild disposng OF his estate, amounting to about
$3.50 OOO for the benefit OF his widow and children,
Henry Clay and Arabella, tue latter an infant
OF the age Of about eighteen months. Erhrain d.
Brow was APPOINTED sole executor and directed 10
invest the moneys arising from the estate bond and
mortgage. The widow was to receive an annuity OF
$500 year and the of the estate was 70 I've divided
equally between The children. 1t was provided that
$500 OF the interest Arabelas share should be APP
piled each year to her support and education until she
was eleven years old and then 500 year. The rest
WAS to accumulate until her majority. Mr.. Brown made
an accounting on the estate in 1870 and another In 1872
when he was discharged and Henry Clay scrbner was
appouted as his successor. Miss Arabela Srlbner be-
came OF age in 1879, and immediately began proceed
ngs through c. a. Ruukle her attorney and proctor
AGAINST Mr. Brown the accounting oil 1877 opened
on the ground of fraud She alleged in her petition that
she mad never received dollar Of the annuity or the dis
trbutive share bcqueathcd to her In hef 1atners VIII
that when the accounting was had IN 1871 sue was nOt
reuresented by guardian otherwise, and Mr.. Brown
did not name her among the interested persons {;
that In this accounting he pretended to have
expended 50 900 In repairs ~ her fathers lot IN Green
wood Cemetery and this charge was allowed, with other
claims Of like character which objection was made
| At that accounting Mr. Brown claimed to have In his
hands for distribution only about $13 600 When Miss
Scibner claimed he should have had, after deducng
the sums paid the other lcXaces. at elst $4,000
These accounts presented to the Surrogate Without
anything appearing beiol him that such person as
Miss Scribner existed
The accounts presented TO the Surrogate at the
accounting in 1872 showed that Mr Browns
exoeuscs OF merely administering the estate
during twelve wears were $24j44 2s although the
tate had no debts when Mr. Brown became executor.
Miss scrbner also that although the VIII directed
that the funds should be invested only upon good first
mortgage and bond Mr. Brown bought large amounts OF
the bonds OF the City of Elizabeth far below par and
charged the estate therplr value that the executor
also bought second and third mortgages real estate
for sums far bco@ their face value, but charged the
estate with full value and appropriated the difference
TO his own DULY small proportion OF these
city bonds or OF the MORTGAGES could afterward be col
lected. aud absolutely nothing All that
was left Of estate OF any value at this accounting
was mortgages OF $4,000. At the request OF Mr..
Brown, Henry c. ScriUner ason Of the decedan 10 whom
Mr. had paid $4,000 OF his share hut VINO had
wasted 1t and nsOlvcnt was appointed trustee OF
the estate. He squandercd what was eft ana wnen e
died the entire estate gone. and
Miss Scrbner had absolutely nothing sue asked THAT
Mr. Brown should be made 10 account for his alleged
acts of fraud.
Mr. Brown opposed the application on two grounds
had duly been discharged as executor and also
Miss Scribners claim she had any, had accrued
than six years previously Surrogate Gavin de-
and Miss bcnbner permitted TO contest the adminstra
ton OF estate He held that the statute OF lmita-
tons did not run against MINOR and that the account
ings by Mr. Brown grossly fraudulent and his
whole conduct executor most repreheDslbe.
lie said that Miss Schbner mos: outrageous series
OF trAndniraI Observation-Disclosures Of tina funds OF thA