New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-12-18
TIE COURTS.
.xEcrroRs BROUGHT TO COURT.


An onolication was made to Surrogate Cal
vim few days AGO by James Wallace, the contestant In
tho Thomas F. Wallace viii case for tho removal OF the
executors John +. Wallace and Joseph o. May ana Tor
an order directing the executors to deposit Win trust
company 10 the credit OF the estate all moneys anu
securities in their possession. The argumento on the ap
pication Was heard yesterday James Wallace in his
petition alleged that the tesotor at the time OF DIS
DEATH owned dyetwelfths interest in the partnership
prorerty of Flannigau Wallace, which the executors,
v the authority OF the Surrogate, had recently sold 10
Mr. Fiannigan for $3.50 900. The executors received IN
PAYMENT check for 100000, and certain bonds ana
mortgages Mr. Wallace declared that be Is informed
aud believes that the executor John f. wallace had De
ycrcd the check to the attorney for the executors,
John Hayes Instead Of depositng It 20 the Joint credit
OF the executors and that the executors have distributed
contrary To law the securities received from Mr. Elan
nigau and other property Of the estate amounting to
about S2OOOO among the sisters OF the testator ana
other persons entitled under tie will
Il is also alleged that Mr. Hayes asserted that he had
lien on check for $4,000 for legal services rend
cred to the estate although he had already received for
Local scrvtccs all OF which hal been rendered within
wear $4,000 II. W. Bookstaver appeared for hr.
Wallace and argued In suppart Of the application T. F.
Van Drveer appeared for the executors and read sew
eral aldayits in opposition TO the motion il was SET
forth I'm the afIidayits that the executors had been
offered by Nh Flanagan 100000 for the tcsaors III
vice of Mr. Hayes refused this offer and began suit
for division OF partnership property They agreed
% i've Mr. Hayes one half OF all they should recover In
eycess of 5000 900 the amount offered by Mr.. Flann
pap After this suit was begun Mr. Flanagan offered
the executors S26jOO0 for their interest in the firm
which they accepted John f. Wallace had received the
check for 100000 referred TO at hour in the day
le il was too late to deposit 1t in his bank. He
gave ID, check Mr. Hayes to deposit 1t In the aters
bank Mr. Hayes afterwaTd returned the check to him.
ne had drawn the money on IL and paid MI; hayes
about $50 600 the amount aTeed upon fOr ms Legal
seryices Il Is denied that there has been any dstribu
ZION of tie estate among the benehciares under the
Will ~, . =.
most a moneys and securities belonging 10 the es-
tts To the credit the estate He said that N was MS
opinion thnt reference should be ordered 70 ascertain
there had been good faith in paying the $4,000
t AIR HAYES especially u did not appear that one or
The executors had Joined in the contract under which the
money was paid The validity Of the paynent depended
simply upon the question Of good falth Mr. an Der
yc,r objected 20 reference, on the ground tnat no
estpp of good faith having been raised by The other
DO the surrogate had authority to MAKE II subject
nj invostcation Surrogate Calvin reserved his opinion
upon the question OF his authority TO order reference