New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-11
ENDING THE CUTTING CASE.
THE GENERAL TO REMAIN EXECUTOR.
HE is TO HAND OVER TO MRS. Cutting HER IN
TEREsT IN THE ESTATE.

TEREST IN THE ESTATE.
A settlement of the legal controversy be-
tween Mrs. Lydia s. Cutting and General william Cut
ting exe,utor of the estate OF Francis Cutting.
has been effected General Cutting s to hand over Mrs.
Cuttings interest in her behalf and that OF her two
in the estate He IL 70 make certain transfers OF
property, and n return the suit remove hm as ex-
ecItor OF the estate is to be withdrawn.
Mrs, Cutting is the widow OF Hayward Cutting, who
with General Cutting and ths children OF Brockhost
Cutting inherited the estate OF Francis b. Cutting who
died In $40 and left 81 10000 in personal prop
ery and estate. Mrs Cutting has been In the habit
OF passing good deal Of time abroad She was In Pais
in the spring aud she drew regularly on the executor to
pay her expenses May last her draft WAS dshonored
and through June ani July she failed to get her money
on her drafts on General CT ting as executor she
began to be dissatisfied, and finally early in August she
returned TO this country to investigate stters Mrs.
Cutting reached this city on August 10 ana thc next nay
she placed the matter IN the hands OF Franklin Barett
who sought an accounting OF the estate. There wero
delays and postponements untIl late In September Mr.
Batct began proceedings for the removal OF General
Cutting executor OF the estate charging tat ne ha
speculated 10 Wall Street and had lost large sums oil
morey. Among the brokers through whom IL was
alleged that General Cutting had operated we're Ben)a-
min & Co. John g. HeoIscher & Co., aud Lee Il warren
iu which last firm Rol Cutting IT, is special part
ner General Cutting it said had lost heavily IN IN
last year. although ahead in his accounts the year 10
FORE Last spring lie was missed from his usual haunt
about Wall street and 1t said by his irents tlat e
death Of his mother had induced melancholia He snut
himself I'D in his house in Madison Square ana was WIN
difficulty persuaded to It, trip to Saratoga silei
to revive his spirits He appeared 10 lose Ill III
his financial matters, his friends said
This was the condition of affairs when Mrs Cutting re'
turned Toe first result OF Mr. Bartletts persency was
that he obtained from General Cutting' turough hs
counsel Burril ZabrIskie Burril, what purporied0 70
be An accounting OF the estate Of Francis H. cutns
A become
associsted with Mr. Bartlett and both gentlemen ae'
cIared their dissatisfaction with the document They
asserted that General Cutting had given no account OIL
the real estate and OF the estate OF 6ertrudo '"|
ting the wife OF Francis B. Cutng who hai heid prop
erty I'm her own right Thtreupon MesSrs Root ana
Bartlett demanded afurther accounting GenetA 'utuS
enoIv mt I'm n Abatement Of the checks that he hrt
drawn on the Phoenix Bank In favor OF Mrs Cuttlns'
This dil not satisfy Eer lawyers They declare" 'se "o
Cotton Exchange property had oeen SOFA III i'o- ~.
$50 900 and they wanted to know what mad become Ok
the money General Cutting in his first accounting nan
entered 81 600 600 in gold bearing mortgage oo"'
-, ,ho yabssb St Lolis and Pacific Railway company
"A figuring In his receipts. Mrs Cuttings eouhset
serted tnat General Cutting had got only slooV'o'" !"
bopds and the rest S700,00O In cash. "eher'' "'ser
swayno testified this point. Inc lhoilh'p'",
division of the indianapolis Peru and Chicago HA'roa'
had belon sed the estate and the executor Sou ' "
go ooo ODO General Swayne swOre that a. be reinem
n.d Il there were 600 bonls Of $1,000 each trans
II
fcrrcd I'm the transaction An effort was maze on tao
mart of General cuttings lawyers In the direction oi n
voluntary accounting, and these were lousn' 'oo'n |
nail by Messrs Root and Bartlett In sustaining 'h'r rS'
oeedincs The order the citations for witnesses
had been dismissed. yet Mrs Cuttings petition was sns'
tanned b tue Surrogate subject to oral testimony wnc
might corroborate her charge that Geueral Cu'"'S ~
o,t money OF the estate In Wall street Inc cAooo'
-, no. apauv summoned to give his tt stmony and
tnt yas taken before a referee. Then came ruiorS vi
eaorts for setilement Further hear'nts IN tue c'so
have been postponed from time to time Tor weeA'' a,
,l was scau 80 the rumors were true ms seVleuoh'
| 80, ,, haeo reached and the seven persons WHO are
directly interested in the estate OF Francis d. ou'uS
| bave signed the agreement. In aceoriance VITA H'
terms General Cutting is to transfer certain uees u
property to Mrs. Cutting ~ eNecntFX ana % e
husbands le thereby handing over to hef hef snte
-, &, ,be estate As soon rs THIS shall have been
done Mrs Cutting will formally withdraw all proceeu
ms eor the removal General Cutting as executor a'
for an accounting OF the estate OF Francis b. Cut'H'