The advocate., 1891-02-18
COURT or cOMNON PLEAs, ERIAL TERM.

Member OF the Bar-A Hard Case.
THE ADVOCATE takes pleasure In furnishing
ts readers the following additional iacts relating
70 Major Huds0n's friend, who came all the way
from New York 10 Kansas 10 aid In the reeieo
don OF Mr.. Ingalls, Does any one suppose ne
camo without valuable ConslderatiOn2 While
here tho CdpttdL utilized him 10 the fullest pos
hble extent. This matter tends 70 show what
kind OF tools the old gang makes use Of. lt was
originally published in the New York Herald OF
May 7, is0O.-EDTOR.l
BEFORE JUDGE DAILY.
Frances Way!an vs. John Livingston,
Philip seebold and Francis Hoffman,
The developments upon the trial OF this
case, and which has occupied this court
for over two days and which was CON
cluded yesterday, are luckily among the
rarltieB in the annals OF the New York
bar. The action was brought against
John LiUiagSton as administrator OF the
last will and testament OF John Waylan,
deceased, and against the other defen-
dants 90 his sureties on his bond as I'D
mlnlstrator. Mr. John Waylan, formerly
dentist Of this city, died some years ago,
leaving will in which this plaintiff (his
widow was sole legatee. She was In
feeble health, and a Mr.. John Livingston
was her counsel. He persuaded Mrs.
Waylan, his client, to renounce the ex-
ecutorship Of the will and to permit him
TO administer upon her deceased hus'
bands estate and 10 be guardian for her
children. She complied with this sug-
Restlon and he was appointed admins
traitor, giving two sureties In the sum OF
$1,000 each After the proper time had
elapsed TO administer the estate Mrs.
Waylan applied to Livingston to pay over
10 her the residue, which amounted to
between $4,000 and $1,000 after paying
all indebtedness. Livingston put her OIL
with promises, and finally being weary Of
waiting, she found upon investigation
that the suretles he had given were ut
terly worthless, both being inSolvent.
She thereupon In June, 1855, applied to
the surrogate to remove Livingston, both
ON account Of fraud in obtaining from
her renunciatIon of the executorship
and administration, and alsO, under the
statute, upon the ground that his suTetles
we're insolvent Mr.. Livingston appeared
before the surrogate and denied the allie
cations Of fraud; but the suretles, upon
being examined under oath, proved to be
utterly worthless, and thereupon Living
Ston consented TO the entry Of an order
that he give new sureties within five
days, or that his authority as admins
traitor be revoked. Mrs. Waylan's Coun-
col being satisfied that that was the best
thing for her, as, the original fraud in
obtaining the administration being de-
MED by Livingston, 1t was doubtful
whether he could be removed on that
ground, and new security would afford
her every protection, consented to aban-
don the charges Of fraud, and that Che
order be entered Mr.. Livingston there
upon procured and fled a new bond as
administrator, signed by the two code
PENDANTS In this action In the penalty Of
$4,000 each. Subsequently, after To-
dlOus protractlon before the surrogate, q
decree was made by the surrogate in Sep
tember, 1868, directing Livingston to pay
certain debts, allowing him commission,
etc., and ordering him to pay plaintiff the
sum Of eG,l65.sO. Livingston appealed