New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-11-10
THE TWO CUTTING ESTATES
LAWYER KNOWS OF THE ACCOUNTS.
c.rr1oAp OF BooKs-A LIST OF F. p CUTTINGS
REAL ESTATE,

.;.;oo for tbe revocation of the letters |
lr0 -, Granted TO General William Cutting on the
. ., his father, Francis B. Cutting ana OF MS
,Tr ITeyward Cutting, was before surrogate hoilnS
So, Elihu Root aud Franklin BRrtieVt repre-
yes'i"r' nott,ioner the widow OF Hayward Cutting,
seh'0' 49,, u BurriN and George Zabriske appeared
anu n.ral cutting Mr. Zabriskie objected to proceed
M .not time saving that they had had no nolce ana
by accident Mr.. Bartlett said he had toid
were lltrly,e on Friday that the proceeding was
M - IN 1890 a. yesterday. He asked lor
adJo'l"' Gov the brokers who had been subpGnaed
a''"'" ,ot ,resent. Their names were Robert L.
aU" - Iohn G.. Heckscher, John Benjamin tor Johh
ia~,y a Coz, and j. Bowers Lee 'oI Lee Ryan
eely~ Mr. BurrI promised TO produce them today
AT IL o'clock 10 "l'0" '
80, for attachments.
,aas I Rush. lawyer Of No. 6S Beayer-st.' VINO
80 tept the books Of The estates OF when Genera.
,,, is executor testified that lie had haa charge Vi
w occounts OF tho estate Of Francis b. cutting slnco
80 lint not of those of the estate OF Hey ward cutting
I'm the exception of the check-book showing inc
ots Maid 10 Mrs Hayward Cutting. The accounts
- both estates we're kept in the Phenx National Bank
~ RortIett inquired whether it appeared by this
ohcct-book that any moneys had been deposited on
occonDt of Hayward Cuttings estate except moneys
roceived from Francis B. Cuttings estate
Ar zabrse said he did not wish TO appear to object
,nrecessarlly but this proceeding was brought to
attack the competency Of the executor and he asked tha
the examination be confined to that point. Ihey were
accounting IN the matter VI my o4N
Cuttings estate ,., al,
,nents as TO the mingling Of the two accounts The
affection was overruled and the witness answered 'naV
m other moneys lad been deposited except oaahce
600 which was deposit at the time OF hoy "arI
cuttings death. The moneys applet to Hayward
S~ttin's estate came from rents, Income OF personal
Tocr1y and from the interest OF the estate OF francis
hey We're ali deposited on account OF William cutting
a. ecutor of his fathers estate. -, -,
u.
OF The real estate the time that you took charge oil
Mr. ZaGTiske objected asking the surrogate TO exclude
testimony bearing the general Condluoh on lc cstse
and the manner OF keeping the accounts "Rch' ne s9
were not involved In this proceeding: MI, hat ,tet
maintained that they were Involved. Genera S"'y i
was charged with specializing with the inha7 n1onsis
10 lie and proper 70 sho" now nc kept lis
Gir Zahrkio objected tho further ground that the
books were in court and on TINS the SurrogHe
taiaoa the objection. Then Mr. Bartlett m0yea that 'hc
y,s be directed bring the books MI kush sgld ne
ha. a CARLOAD Of books and asked Whlch he sHoVtu
Sv transcript of the original entry of all tAe accounts
between the executor Of Francis b. Cuttings estate ana
fLe Wines stated with regard to that portion Of the
real Gsie Tn5's sobS or their bGg 6y which rd
went to General Cutting that the rents IRON ,iI ven
into back account The witness had nothing 10 90
with any account Of General Cutting except ms account
as eAeJu%T; are Io General cutting Petr H. Jackson
collected all the rents ana p OTIS OF lhe entirg
we're deposited in one account to The credit Oh "'i"n
Cnftirg as executor OF the estate OF his father .
O-What the real estate OF f. D. Ou'uAs oS'"'o
'' Ne S2zs6ri.kic objected TO this inquiry.
Wr Bar,lctt-Wc want to show the waste ana IN
providence OF the executor, ana ask TINS a. preliminary
fHe question was admitted and tho witness gave the
folowHe St: Sos; 30 y:cst sf- factory
property West FOrtieth, West fojy hI'I "hr vel
IS[ s sI; f hS and East Eiehoafth s
Ietwean 300 aud 300 lots IN south BrCokHh country
tn9cG. there we're Nos 317. and $40 West Forty;
seycnth-st, which were sold Ia - or Flo'oV' @Id
rVft en sold :
I%dyieG haif Interest in the building No 20 Drawer
- The Other half belonging the estate Of Walter j.
Cutting. No 9 south Wiiliam-,t had been luFcli.5I
It. rented for 600 year The executor ha9 not nnd
any rent that the witness knew oil i1t no Las mJi,S
which the witness had prepared covered about al tle
peysonafy or really went the bank a cunt and out
oft came oil payments % ne leEatees OF % ~
ponds Ts ] gc ccUld 1of state The 2IiI shares OF
1he Farmers Loan and Trust Company were ec ia
lien of 100000 but lie could not state who claimed IT,
Ihe Fifth National Bank claimed lien on 5000 "i lie
Stock of the PnenN National Bank, which tool erect
several years ago when General Cutting borrowed
icpaying 80 coo. He didn't know where toe other
securities OF the et9te were men wa va, t ch
5igt have been derived from loan on the NaDasl ~
Jo1is and Pacific Railroad stock The proceeds OF the
100000 Of bonds Of the indianapolis Peru and iraeo
Railroad were deposited To me account OF miI..'n
Saa5s ana f %fg pcrons to James D. colgate
Io1eu We Us nat certain whether some went 90 Lee
RYAN a Warren and some 10 X. l. cutting & GO.
objection beng made line OF inquiry Nr Root
sad: | think il important 70 show 10 "Aoil dI7
Sv@cntor was lO.ning the funds Of the estate The
witness could not tell whether loan OF %lOz' - maze
10 r. L. Cutting, jT., was made from me proceeds OF
these bonds nor whether Of Si2s 80 10 Lee Ryan
I, 60. came from them. one OF Sl5l9 ~ oJaiaes j.
Colgate x Co. undoubtedly aid All these loans were
paid. 49,. % -, MI, t ,io
further hearing this branch oi tie inquiry was se'
down for to-day. - ..,,.. a.,
Mr. Bartlett asked the Surrogate 20 enter formally me
order directing tnat the executor be examined The
matter had been postponed on account CT 1ehc'di
Cuttings illness but Mr. Bartlett had heard tat ne
General CUTTING had appeared IN Wall Street Week
ago he now asked that the examination proceed. lhe
Surrogate said the order had already been granted ava
Mr. Ieary Chief Clerk OF the surrosates once
appointed referee to make the examination next non
Gay 49,. $500. .
Sir Root moved 10 amend the account IN the case oi
the estate OF Hayward Cuttng by including the rear
estate On this the decision was reserved
Mr. Bartlett moved 70 dismiss the peiton OF Inc
executor for a voluntary accounting, winch had beeI
made since the order for compulsory accounting had
applied for. Gu this motion inc surrogate biu nc
would hear argument tomorrow morning.