New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-08
THEY SAY II IS 4 FORGERY.
Az IMpoRTANr DOCUMENT IN 4 SUIT OF
LONG-sTANDING CASE

An IMpoRTANr DOCUMENT IN SUIT OF A
LONG-sTANDING CASE.
Tile trial OF thu suits brought by "'h"ih o.
Hurley a -four merchant OF BROOKLYN, 10 recover
property about s35o.oo which re alleges
belonged 10 the estate OF his father, samuel liur'
10y was begun before Judgr barrett III me supreme
Court yesterday. Two suits have been lrOnFh' "'c
ocalns, Jacob Miles, n executor. for al account
ing and the ether against william Miles, 10 re-
cover the property. jacob and William Mics I'VE
In Plainned. n. J. william Miles also has house
In Irnry-s in this city Is director OF me Nassau
Banl, and OF III" Hamilton IGsurnnc" Company ana
Is said TO be- millionaire. lie was formerly a
partner Of samuel Hurley In the tannery bianess
under the firm name Of Hurley Miles. II Is charged
that he Appropriated to himself an undue sLnr" oil
the assets Of the firm aud that bv the asslstanc"
Of hi. brother Jacob Miles. hc was able to puIchas"
land beloi ging to Iucys estate at prices far be-
low their market value.
samuel Hurley died ir ioG3. leaving widow,
Catharinc A. Hurley. and four small children.
william :. Hurley Ida : Hurley. Kate Hurley and
Rebccca Hurley. Under his will the property was
to 90 To his family jacob Miles. his brother In law.
Thomas Webb and the widow were made executors
Webb died IN 1850. having taken little Interest In
the estate. and Mis-. Hurley left the entire man
ngcmcnt TO jacob Miles. Jacob Hurley proceeded
TO settle the estate and turned over TO Mrs. Hurley
certain parcels OF real estate, most Of which he
persuaded her 10 sell to William Niles. \ final ac-
counting was had In 1sso, and Mrs. Hurley and
the other heirs signed a release VI Jacob Miles as
executor from all further lhbility, $4,000 In all
was turned over to the heirs
IN September 1902 John Gerding. wishing TO pur-
chase certain cots West Farms found that they had
been the property OF samuel Hurley and had been
sold for nonpaymcnt OF taxes. lie investigated and
reported the discovery 10 william :. Hurley. Hurley
made an exhaustive examination OF the records and
became convinced that the Miles brothers had deraudcd
Inf, fathers estate. He secured assignment 10 him
self OF the claims OF his mother and sisters and began
the suit now rial lie alleged that William A. Miles
took 100000 from the assets OF the firm OF Hurley
a Miles and invested II in reul estate, taking title IN
his own numc The firm became financially EN-
barrassed In 1900 and Hurley demanded accounting
OF the SiGOOO0. An agreement was nB1lly made by
which each agreed 70 put all his property in common
d OIL = pay all Obligations and TO divide the rest
equally This agreement he alleged, had never been
carried out.
The answers TO the complaints contained general
drnnls OF fraud 1t asserted that william Miles
was thrifty and Hurley not, and that he had made
the agreement In 1850 10 the credit OF the firm.
Annexed 10 the answer document dated in
1851 purpolting TO be settlement under the agree
mcnt OF 1870, showing that Hurley had received his
due share william 5. Hurley, the plaintiff. and his
mother never heard OF this document before, they
aece aud they are now seeking TO prove that II Is
a forgery
Mrs Catherine A. Hurley were examined a. witnesses
Yesterday. The original assignment OF claims TO Mr..
iIurlsy has been lost. Mr. Hurley identified II COPY
Danic Il. Rollins, and Phillips 4 Avery represent
III, plaintiffs, ana eN,Iudgr Noah Davis. Austen e.
Fox. Henry ". Je.Sup and John VI. ser,s nrc at
torncys for the defendants. The trial VIII be con
tiuucd today.