New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-23
THE CONTEST FOR ANDEssovs MONEY.
LONG AND COMPLICATED LEGAL STRUGGLE THAT
HAS NOT ENDED Ygr.

n LONu AND COMPLICATED LEGAL STKUGGIE
HAS NOT ENDED YET.
The millions left by John Anderson the we'll know-
tobaccopst, have been the subject Of fruitful litigation
The recent decision Of the General Term handed dow,
Friday last determined at least one part OF the con-
trovcYy. John Anderson died on November 90 1ss,
in Pads He left estate valued at S5,000,O00 OF
this 100000 real estate, principally IN New-Yor,
ard Westchester County. He left widow, a SON
Charles Anderson, two living daughters, Mrs Appleton
and Mrs. Carr, and the children OF two deceased
daughters, Mrs. Bryant and Mrs. Barnard by his win
he left about half million dollars to Mrs. Barnard's
children. He gave to his daughter Mrs. Appleton.
only tho income of $4,000 while she lived and 70 the
children Of Mrs. Carr and Mrs Bryant the income Of
100000. All the rest OF his estate amounting in tho
neIghborhood Of 100000, given to his son. John
Charles Anderson. The youngest daughter Mrs.
Llama " Appleton, and she had been considered hIs
favorlte child His presented tho will for probate
to the Surrogate Of wcstchcster County.
The guardian Of tho children Of Mrs. Bryant then
6od objections to It tho ground that the testator
was OF unsound mind and had been unduly Influenced
by his son to mako tho win John Charles Anderson
did not meet this issue the surrogates Court bus
II Is said that he made contract with the guardians
Of tho Bryant children whereby he paid $1soooo for
the children and $4,000 for the guardians for thcm
to withdraw these objections. The objections were
withdrawn and tho will admitted TO probate.
But after MIS-. CarPs daughter nad DcccHlc OF age
and married Mr. Watson She brought suit to recover
one fifth of the Plaza property at Fifthave. and Fifty
nnh-st against Mcssrs. Phyfe and Campbell, who had
purchased It from John Charles Anderson. In this
suit tried year ago before Judge Lawrence, she
successful, the jury finding that John Anderson was
Of unscund mind and unduly Influenced.
ME- Anderson then attempted to bring an action
in westchsster County against all the heirs TO prove
that the will was valid and enjoin them from ques
tionng It's validity. From this time forward follows
series of legal moves and countermoves on the ju-
dicial chess board of unusual interest Mrs. Watson
Immediately removed Mr. Anfesons Westchester
County suit unto the United States Circuit for trial
in New-York City. He attempted to have The case
remanded to westchester County, but was unable to
do so while Mrs. Watson was party. Accordingly
no settled with Mrs. Watson, paying, 1t Is said.
5000 OoO and obtained her consent TO have the
sent back to Westcheser but at this time Mrs. Apple
ton appeared in the case and demurred 10 the COM
plant In the United States Court. At the same tlms
Mrs Appleton, through her attorneys Dill, Chandler 50
Seymour, brought action in New York County IN
the Supreme Court to contest the validity of the will
MI Anderson, hearing of his sisters Intention to bring
this action, tried to checkmatc her, and no discon
timed his case in the United States Circuit Court
and at the same time instituted new suit for tho
same purpose In Wcstchester County Within twenty
four hours Mrs. Appleton removed his new case into
the United States Circuit Court and he applied to the
Court TO send 1t back again to Weschestcr
After about six weeks order to remand the new
case was made owing to changes in the jurisdiction
of the Court made by the Act OF Congress passed In
1857
Az soon az the case was sent back to westcheseF
County Mr. Anderson applied to Justice DyEman at
White Plains for Injunction to prevent his sister
prosecuting her action against him In Ne"ior WHICH
Justice Dykman granted. In the mean time MIS-
Appleon demurred to her brothers complaint In the
new action and brought tho demurrer to hearing before
Justice Brown at Newburg. He overued her demurrer
and held that his action was maintainable. Then
Mrs Appleton appealed from Judge Dykmans inluhc-
ton orde, and noticed her appeal for argument at tho
General Term in Brooklyn, in the second Department
That General Term Is composed of judges Barnard
Dykman and Pratt Justice Barnard couId not sit
because Of his relationship to the parties ana S
Dykman could not hear the appeal because ne nia.s
the order appealed FROM Mrs. Appleton appnea W
Justice Pratt send the case where IL coud ne
and he sent 1t to the General Term III Nc"'i oiA
In the meantime Mr.. Anderson had been endeav,
oring to punish his sister and her attorneys ana
counsel for contempt of court in beginning n1r
On the hearing in the contempt Proceedings DC VIVA
defeated, but he renewed this proceeding sec wa
beaten again. In February the appeal by Mrs Ap-
pleton from Judge Dykman's Injunction order VA
Supreme Court in this city. This appeal was aIguSa
by Edward c. James, of counsel Tor Mrs appiero,;
and Calvin Frost and Thomas Sorn coe or Te
of judge Mrs
boldnr that the suit brought by Mr. Anderson since
the argument Of the appeal in Nfsteheser 1oan.y r
without any foundation IN b law de sd Mr. Anderson
cannot prevent his sister from having ner ease III
will next be heard on May 10