The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-12-17
14th st.
ADMINIs1RAToR HARRIS CASE
The General Terra Uphoids Two Findings oil
Referee Sherman w. KuevaIs.

Ths General Terra Uphoids Two FIadings OF
Referee sherman w. Kuevals.
The General Term OF the Supreme Court has
again passed upon the administration Of the
estate Of Auctioneer Archibald Johnston by
William T. A. Hart. sexton OF the Cathedral
on Harris appeal from decision Of Surrogate
Ransom. based on the report Of Sherman W.
Knevsls IS referee. The decision. which is
written by Justice o'Brien. 10 concurred in by
Presiding Justice Van Brunt and Justice
Follert
1T appears" says Justice OBrien, that on
Feb. "a. 1885. Archibald Johnston. deceased.
was the owner OF q two-eighths interest in a
leasshold t105-1o7 East Thirteenth street,
and that on that day he assigned to his wife,
through one Harris as an termediary one
half OF his interest being one-eiRhth OF the
leasshold. He died Aug. 81. 1887, and In
February. 1888. the other one-eighth was sold
By the administrators to one James Kenney
for the consideration Of s1lo
with respect TO this sale to Kenney. the
referee held that IL was improviden emily made
and In violation OF their duty as Administra-
tors. and that the administrator Hart. should
be personally charged with the value thereof
with interest With respect to the assignment
By the interstate to Harris and by Harris to
Mrs. Johnston. the referee held that It Was for
valuable consideration and valid. The Surro-
88hs cOubL"ou ~ AuucA VI THO VI bHO
referee as held the administrator. Hart.
ehargeable with the value OF the leasehold In
tsTsst sold to Ksnney and also charged him
with costa. and refused to allow the ad mis-
traitors any commissions; and in the conelu-
zion thus reached We concur. for the reasons
which are clearly set forth in the opinion OF
the referee, and in the intsrloeutory and Anal
decLses OF the Surrogate
THIS leaves US @ consideration as to
Whistler the view OF the referee or that OF the
Surrogate should prevail respecting the one
sIRhth interest assigned 10 Harris and bY
Harris to Mrs. Johnston, and by the latter
for a yAluble consideration. assigned to the
administTator, Hart individually.
Upon former appeal II appeared that
Johnston, for years prior to his decease was
knowledge Of his Insolvency. Ii further APP
peaIed that In 1885 he conveyed to one Hair
Tts ons-eighth interest In the leasehold estate
which Harris upon the same day conveyed to
the wife OF said Johnston. and that the con-
alteration expressed In such assignments
Upon these facts appearing, Il was held that It
was the duty OF the administrators 10 take
legal proceedings to recover the property
upon the ground that II had been disposed Oh
In fraud OF the creditors Of the interstate, and
that they. having refused TO do so, IL was error
IN the sunogate's Court 10 discharge them as
AdminIstratoIs
not pc held to account for not acting as ad.
minlstrator TO set aside the assignment Of the
eighth interest TO Harris and so 10 Mrs, john
ston inAsmueh as she had declared besides
the expressed consideration OF 81, that her
husband owed her e. 600 The referees con-
olqslon IL upheld and the Surrogate IL over
Tuled IN this respect,