New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-23

CHARGES BY HETTY GREEN
A LAWSUIT WITH THE EXECUTORS OF,
HER FATHERS WILL.

THE ESTATE INCLUDED TRUST FUND OF SEVEN
IN ACCOUNTS WHICH HAVE BEEN
RUNNING FOR THIRTY YEARS
Mrs Hetty Green, widely known for her great
wealth as we'll as for her eccentricity and miser-
liness Is party to a suit In which charges are
made OF the msmanagement Of her fathers large
estate. The action was begun in the Supreme
Court three years ago. and sent to Henry II.
Anderson. Of the law firm OF Anderson & How
land. Mills Building, referee, by Judge Patter-
son. The later developments have not before be-
come public. The accounts cover period OF
thirty years, and relate to an estate which was
originally Of $1,000 900 $500 000 and the referee
has not yet heard all the testimony. although he
has held sessions for three years. except in the
summer vacation. An enormous volume OF evil
dence has. therefore, been heard
Mrs Green's lawyer is w. II. Stayton, Of the
firm OF Burnett. Stayton G. Hagen. No. % Cedar
St The suit Is against TIE executors OF her
fathers will, Edward H. Green, her husband:
Henry \. Barring, a merchant, Of No 45 Cedar
ST. and Edward II. Mandell. Of New-Bedford.
Mass Mr. Green has been executor only a
part of the time. and no accusations are made
against him. 1t was necessary, however, to In
cudc him as a defendant. Mr. MandelI. 1t seems,
never qualified as an executor. Mr. Barlng Is
represented by Evarts. Choate e Beaman.
A LARGE TRUST FUND.
Particulars of the suit were obtained from Mr.
Stayton. Mrs Green's father. Edward vi. Robin
son. died in New Bedford Mass In 1854 He had
made fortune Of between sS.Oo)0O0 and S9OOO,Ooo.
or this ne left 900 to his daughter absolute
H. He created a trust fund Of the rest which was
to go to her children in shares. to be divided by
herself The executors named were Barling and
Mandel. who had been clerks in the employ or
Robinson, and Abner II. Davis, body servant Of
the testator. These three were also made trus-
tees Of the fund.
Mrs Green declares that she supposed that
the executors had filed their accounts and been
discharged eighteen months after the death OF
her father She says that they have continued
to serve executors. although she thought
they acting as trustees. Davis became IN
sane. and was placed In the institution kept III
Connecticut by Joseph H. Choates brother. IL
is alleged that he was. nevertheless, continued
as executor and received his commissions on the
sale of property of the estate. Davis died IN
1851, and then Mr. Green succeeded nifl
BEGINNING THE SUIT.
The sale Of some property Of the estate In
Chicago led to the present lawsuit Mrs. Green
learned. 1t Is declared. that land in the suburbs
-
soso 900 was sold for $50? 900 by the executors.
She explained the circumstances In 1891 TO iresi-
dent Williams. OF the Chemical National BANK
who discovered that the trustees had never le
ceived the property from the executors. MIS-
Green was led 10 demand an accounting. She
found out then. 1t seems. that Mr. Mandel haa
never qualified "a an executor he Is unuei is.oou W
10 be a millionaire. and Mrs Green felt that ne
would be responsible for the trust funds. MT
Barling the story Is. never gave any pohd. az
though he handled millions OF dollars ana as ~, ne
81. ~
she has no security for the proper handIlng ot
her fathers estate.
HYMAN's LIEN.
The Chicago property was sold TO satisfy
claim Of the Bank OF Norfolk. one Robert H.
uvman Of Chicago. had been associated with
Nr Robinson I'm his Chicago real estate dealings
and h. claimed a lien On the tract there MT
Barlng signed an admission of the lesaiity OF
this claim and indu ed his fellow executor
Davis 10 sign 1t also. ii Is alleged. Lyman 'heh
borrowed money from the bank on the Strength
~ mis- lien ON his death the property was sold
20 meet the banks claim. , A.
referee disclosed the fact that charges had been
piled up against the estate TO the amount ol
81 100000. for which there were Few Voucher :.
The executor Barling. declared that al TINS .".e
dav n was impossible To produc" al tnt NOuCH-
.rs one claim for $1,000 according 10 MI SldS
tnn WAS for money paid 10y Mr. Barhns 10 'ne
Pacific Cuano Company to save II from iaihns' iis
h.inv himself 4 stockholder In the concern. a
claim of 81 900 WAS for repairs OH the snip "oN,
eruor Merton. made between the years 10. aIu
1916 for which there were vouchers iol Sl.'"VV.
an Tho chicago property sol 900 was paid without
a voucher. says Mr. Stayton. Although the es,
tate never had less than S6529oo in cash. ana hai
as high as s269iOo0. Mrs Green .he so'S '.h m.i,
,.aI,'o Criv s334 900 IL Is alleged. Evarts, South
mavd A. Choate received $4,000 in fees. 1t is SAID
At the office of Evarts. Choate a. Seaman II
was said that Mr.. Tracy, who had llhi'leua'e
- - the case was not in, but the under
standing of his associates was mat MI Barhhs
had begun the suit to secure his discnarge iro'
further responsibility. Nothing had peeh hearu
nf any charges OF wrongdoing. Mr. Bariihg was
not AZ his Office having gone TO his nome Ill
EnglewoOd. n j. =, ,,..,ox, >,
Mrs Green has large fortune IN auutioh ~
-, .,,, os,oto ~ her father and is shrewd
business woman Her plainness of attire ana the
e,mplicity of her life are notorious.