New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-08-19
NO WOOD COLLEGE OF MU Ia.
THE SUPREME COURT DECISION ADvERsn
CITATIONS FOR AN AccoUNTING-Bow THE ESTATE
HAS DwfNDLED.

| CITATIONS FOR AN ACCOUNTtNG-HOW THE ESTATE
HAS DwINDLEp.
| Ex-Judge James C. Spencer as referee has mads
report in the OF the will of Samuel Wood, well
| known merchant, who died on March 20, 1873 HI
reported in favor Of constituting the will outside of the
benevolent and musical provisions, holding that thsss
void and imperative. The Supreme Court yes.
terday confirmed the report and judgment was entered
| accordingly Abraham Hewlett, q nephew of the
testator the sole heirat-Iaw. had contested the will
the ground that 1t = violation Of the statutes
of and trusts and that il should be construed a.
if the provisions for charity music part
of the instrument la the litigation, sbich wac
carried in the Supreme Court the executors named
in the body of the will held to be the only and
proper executors of the instrument The will had
already been admitted to probate. Martin Wood dying
Messrs Schenck and Simonson undertook TO execute
the will They paid the legacies The question then
came up as to whether institute a college or
both or neither should be established To decide the
matter they brought suit against Mr.. Hewlett in
July last ana the case WAS referred to Mr. Spencer
Mr. Wood was Of four brothers-David, Samuel
Abraham and Epenetus-the sons of a Long Island
farmer. In 1914 the young men came to the city and
opened q small grocery store portion of the
ground now occupied by Fulton Market. They entered
into compact that they would never marry that they
would always work together and upon the death Of
any one of their number his estate should be divided
among the survivors. The business, which aterward
embraced liquors, conducted under the name and
style of "Dayid Wood and grew in time to large
proportions. In 1863 Epenetus died, and soon
thereafter David. The survivors, Samuel and Abra-
ham, wound up tho business and divided the estate
between them equally with the understanding that
the death of one should result in hership to the
other When Abraham died in 1871, however, it was
discovered that he had bequeathed only one half his
share to Samuel, 100000, and OF this sum
$4,000 was to 60 upon the death OF the latter to
cousin. A contest was Immediately begun by Samuel
and the wife OF Abraham Hewlett, but tue
will was finally sustained after prolonged and bitter
litigation.
Prior TO the death OF Samuel Wood IN 1873. at tha
age of eighty three project suggested to him by
DIR. William Elmer for the establishment of musical
college in this city. Although not a musician himself
Mr. Wood was an ardent lover Of music and he took
kindly to the idea. The plan to make the
institution equal to any of the kind in Europe. Ths
Possessions of Mr. Wood were at time valued az
$4,000 O0O-and consisted principally OF real estate
in Chambers Reade and White SITS. and property
in Yonkers and on Long Island. But he expended
a large sum in building up Wocdsburg, l.. l., the
village in which the family originally lived, and it
soon transpired that much of the property in which
his money was invested had greatly deprecated in
value The scheme for the establishment ana
endowment OF the musical college was not abandoned
however, and under of the Legislature OF 1875
,7G tract of lard the Fift-ayc. side of Central
Park, adj o ming the Metropolitan Museum of Art was
set apart as the location of the building.
When the will was opened it was discovered that
after allowing q number of annuities and granting
few beauests the tesator had directed the establish
rnent of what should be known as =" he Samuel WOOD
Benevolent Institute and Hospital" The executors
and trustees named to carry out this provision were
Edward 4. Schencx. Alfred l.. Slmonson and Martin
Wood. The institution was to partake OF the charac-
ter of hospital similar in its operations to ST. Lu&e
and was designed to be used, first. by such OF his
relatives as might be in need OF its benefits certain
of them being excluded by name therefrom and next
for the general public. Directions also given to
the trustees make gifts frcm any surplus funds to
worthy charities. but especially those mentiaed Win
the Protestant Episcopal church. The sum OF So,0Oo
year was allowed each of the trustees for their
IL anagement OF the trust. The Will was dated July
II, 1872. codlcl dated March lO, 1879, was
appended in which the testator named Abraham
Hewlett Alfred L. Simonson. Martin Wood and
William Elmer executors OF the will. revoked the
snd the pdf Gs r
the establishment OF "Ihe Samuel WOOD Musical
College"
A. Wood a distant relative, wherein it was alleged
that the instrument offered for probate not the
last will and testament aud codicli OF Samuel Wood
he being incompetent at the dates named to execute
them An objection filed by Abraham Hewlett
the ground that Samuel Wood was not AN heir
at law legatce deyisee under either the VIII or
codic and had interest In the estate. On OCTOBER
10 1878, decree entered ordering the codlcil
probate all the parties in interest having Joided IN
"A petition to that end. \ motion was subsequently
made by Sylvester Wood Pcarsall to vacate tho
Decree the grounds being that the codicil had the
oheot of revOking the will diverting the trust moneys
from their original purposes, and deprlyDg relatives
and kindred of the benefits Intended To be conferred
After considerable litigation decree was issued by
the Surrogate July %, 1888 revokine letters
in favor Of William Elmer, named AS
executor III tho codcil Subsequently the contest was
carried to the Court of Appeals from which decision
al bah dad Al, In net nha
Meanwhile there have been murmurings OF discon-
tent the part of certain persons claiming To TO
Interested in the careful management OF the estate
Nothing tangible in the way OF charges is advanced
to $4,000 was filed with the Surrogate
Oh March | l. 1879. Some time ago william Wood,
Of Now Jersey, made application for an accounting
and an order entered On July 10 last directing
Alfred J.. Smonson, ono of the executors named in
both the will and the oodci to bile an account. on or
before July "a 1856. A citation was also issued TO
Edward T. Schenck TO show cause why The trustees
should not render account but mp To the preseht
time account has been filed and no return OF The
citation has been made.
Mr. Simonson is IN Saratoga. Mr.. Scnenck. who was
seen by a TRIBUNE reporter yesterday. SAIL that ne
had not received the citation but that William WOOD
had no interest Ia the estate. He was an annutant
but was himself largely indebted To the estate and
final settlement had been made with him with which
he had proessed 20 be satisfied. This statement Was
also confirm ed by Abraham Wakeman, OF counsel
the and trustees. 1t Is claimed by these
gentlemen that every annuitant has been paid aud
that under order of the court certain property hau
boon sold with which to meet these Payments IL -
stated furthermore that the tsststOr owed large sums
Of money and that much Of the property had greatly
deprecated in value. The opinion is expressed that
the sum total of the estate when final settlement
made will exceed 5000 900 if IT that
amount. Pending the action of the Court OF Appears
with respect to the validity OF the codic II is claimed
behalf of the that they have been seriously
Mr. Wakeman says that when th9t
question determined the executors aud trustees WI
ma Ike an accounting on their responsibility Ii -
argued that the real estate other than that disposed
Of under the OF dor of the conlt remains intact ana
the aunutaDts are amply secured. Mr.. Smorsoh, u