New-York tribune., 1886-04-03
GENERAL CUTTING ACCUSED.
ANOTHER SUIT BROUGHT AGAINST HIM.

CHARGED WITH REFUSING TO PAY OVER KESts-
WANTING THE AGREEMENT ENFORCED.
When the proceedings for the removal OF
General william Cutting executor of the es'nses OF MIS-
father Francis B. Cutting. and OF his brother hey
Cutting, we're discontinued in the surroeate's Couf
agreed to pay 10 Lydia e.. widow or Heyward CnIthR
oneha OF all moneys of the estate of Francis cutting
in his hands and any property or funds thereafter
coming payable to the estate OF Francis O"the
including all rents coming from time to time from thc
real estate, should be divided and apporfioned W
Lydia g. Cutting, as execurix and trustee. ana 10 'ne
trust estate for the benefit OF Francis Brockhost Cut
ting and william Cutting, jr children OF BrocKho'st
Cutting. and should bo pad over directly dehrra'
Cutting gave the Farmers Loan and Trust
Company upon his Undivided hrd Of the real estate eH
by his father but has refused to pay tho rents and n
come TO the OF his brothers. Brockhost
and Heywari
Franklin Bartlett, In behalf OF Lydia $. Cutting aud
her children, has sued General Cutting. making Maron'
widow Of BrocKhost Cutting the Farmers Loan and
Trust Company and Peter A H. Jackson tGenrrhl Cut
tings agent collection OF reutsl parties defend
ant demanding specific performance ofthe agreement
receiver OF the aud profits be appointed ana
General Cutting be perpetutlly enlninrd from r.
ceyng and Mr.. Jack'on from collecting aud Paying l"
him the rents and prohts temporary inJunctioh was
granted by Justice Lawrence OF the Supreme Court anu
yesterday tho defendants appeared before him on a
General Cutting sat beside his counsel. John +. Bur
rill and him hs uncle. k"bert l. Cuttg ann
his cousin. Robert l.. Cutting Jr. M rtlett AMI Ellu
poot renre sentr The p,intIs ami John t. Cadwalter
appeared for the widow and children OF Brpckholst
Cnting Mr. Bartlett stated the circumstances hhIor
which The agreement was entered into. sayug that 1t
was IN consideration OF that that prJceclings for he re-
inova OF General Cutti ~ executor ana trustee ana
for hl- arrest ana punshn for breach OF trust had
been discontinued He said that General Cutting had
mi managed the property. had misappIed and fraudu
iently convrrtcl to HE Large amounts OF the
rents ha neglected to nay the taxes on the real
est ate until they now am unto Win interest t. n's'
cutting sctng orn portious OF the proceedings peiore
Surroeate Rollins. -
Mr.. CadwaIader said that although those ne ne repre- p
sened were made defendants In the o.ss5 sut
they anxious that the reief askra ,
ed Mr. Burril objected 10 his making any
such slatemcn but Justice Lawrence decided that II
wha; do you want to do with the rents 2" inquired
mean to apply those rcnts clear that property."
replied Mr. Cadw alader. Mr. Burril contcniet that
General Cutting bad comsea tbo, o the 1he
portion OF the agreement whicn rtrTcrlDes .ns' @
rents aud profits should he paid To the representatives
OF his deceased brothers. and said mat MS attorney
after talking over the terms OF the agreement WIN N.Y.
Cadwiaer had left the latter before the clause 10 ts
effect Inserted and that his client claimed that the
profits from his third OF the real estate and Investments
belonged to him He read portions OF an rbinn i,i
hc says ma, paid 80 for Interest on the mortsagc
to Farmers Loan and trust Company and S,o Tor
insurance. he has applied any oi tho Ia
come his TO any Other purposes except
these aud paying taxes and taking care OF te prop s.
that since the agreement was made nc ms ro
crvrd from Jackson S2.7oo &c In rents and thar he s
advised that the OF ten OF The thirty houses ana
lots TO An undivided third OF which he was entitled I'M
his fathers will belong to hni.and that ne IS WHINE
that they should be devoted to the payment OF tho taxes
these prrnisrs ...-
Mr. Root said that lieu OF rcmovng General Cutting
from the posltion in whc he had unathfI to his
trust his agreement pay over the income hht Dech
accepted and he proposed 70 hold him TO H. lie wahrn
the income used in paying the taxes III the court uo
sires make ORDER, he said, directing us 10 pay
the taxes with IT, willing that 1t should be done,
for that il what we intend to do.
well" said dr. Burrlll, "we make a new agree
ment--"
" W,' make no new Agreements" interrupted Mr..
Root. W. want this one en- iOrced.'
Justice Lawrence reserved his decision saying that
necessary time would be given for submitting further
atlidavits.