The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-24

residue over to the trustees. 1t is part
or Mrs. Green's contention now that she
supposed that the executors did turn over
tion of the eighteen months. 1t appears,
however. that they did nothing OF the
kind. and that. furthermore, the most re-
never qualified as an executor at all, but
waited until his share of the millions came
to him in his capacity as trustee.
IL Is claimed by Mrs. Green and her
present attorney that Gideon s. Tucker.
the surrogate in this county at that time,
upon the suggestion of the eminent law
firm OF Evarts, Southmaid q Choate, per-
mitted the executors and trustees of this
vast estate TO enter upon their duties With
out putting up dollars worth OF bonds.
The incident which gave rise to the pres
ent involved legal proceedings was the dis
covery by Mrs. Green in 1891 that a GER
tain tract of land in Chicago, which she
epe she had refused sssoooo had ro been NJ sold by
the Bank Of Norfolk for $4,000. The ef-
feet of such discovery As this upon a
blocks to save penny on the price OF
paper Of pins can easily be imagined. She
wanted to know at once what 1t all meant
But for her natural antipathy TO the news
papers she would probably have written a
letter to some editor. What she did do
was to ask the court for an immediate ac-
counting. She also secured lawyer Stay
ton to look after her interests. She quar-
relied with him over his first bill or 30,
but the next day, learning that he had
exclaimed: 'I did not know you had
child. Here's something for him" When
had thrown upon the desk he found that
It contained 500 in crisp bank notes.
HETTYS EYES OPENED.
When the machinery of the court was put
in motion 1t was discovered that the execu-
tors of her fathers estate, as above de-
scribed. had never, as the law required,
turned the entire property over to the
trustees. but were still acting Mr. Man
dell. as has been said, had never qualihed
as executor. and Abner III. Davis was dead
In 1878 Davis had become demented, and
had been removed to a private asylum In
Connecticut. He died in 1SS3 Mrs. Green's
investigation OF the circumstances as to how
the Bank of Norfolk came to be in pos
session of her Chicago property disclosed
the fact that while Davis was in the asylum
he was induced by Mr.: Bosling to sign a
paper certifying to the fact that one Robert
II. Hymen, who was indebted to the Bank
OF Norfolk in large sum, had a lien on
as AS executors % that hat Messrs. Bosling and Da-
Wis made this application in the interest OF
Hymen, by which the Chicago property
transferred to the bank as security
for Hymen's notes, and subsequently sold by
the bank. The transaction opened Mrs.
Green's eyes for the first time to the fact
that the executors" were still handing
her property. whereas they were supposed
to have ceased within eighteen months after
the death of her father.
Upon the death of Davis Mrs. Green
husband had been appointed a trustee of old
man Robinson's property, and in the refer
ence now taking place ne figures as an ad-
versary OF the heir. although the proceed
ings are not directed against him in any
way. Although the examination before the
referee appointed by Justice Patterson near
facts already brought out show surpris-
ing state of affairs, and one which, We're
the heiress In question any other than Hetty
Green. could scarcely fail to ill the mind
of the reader with anger and amazement.
The verified and sworn figures of the ac-
up paTs TO ne time be- tSs
utors (or rather by the executor, since In
effect there has only been cne) against the
estate for disbursement, @ for which there S I,
State allows an executor 20 charge items
Of expense in sums of less than 100 against
an estate. without vouchers, up to the hiee
a total of more than a million for moneys
paid out for which nothing in the shape
According to the executors, The sum of
$1,000 was paid between 1867 and 1876 for
repairs to the trading ship Governor Nor
ton. which was part of Robinson's estate.
For this amount there are vouchers to the
extent Of $11,OO0 only. The executors ac-
counting also shows that $50, 500 in cash was
Company, in order, as the executor calmly
swears. that the company might be kept
afoat until he could sell a certain amount
of stock In ii held by the Robinson estate.
1t is not denied that executor Bosling
was. at the time he paid the $66,500 to the
guano company. himself apparently inter
ested in the company. Upon the Chicago
property, which, as has been explained. was
sold for nearly $360,0O0 less than Mrs. Green
was offered for it, lump sum of s91, ,00C
is charged. The figures also show that the
executors have paid to the law firm of
Evarts. South,naid & Choate, and the pres
ent successors of that firm, the sum OF
$4,000 1t is further shown that since jan
!. 1867, the executors have had. as cash in
hand. sums varying from $2.649.0O0, as the
highest, to S632, 900, the lowest amount
and that they have turned over to Mrs
Green, interest upon this money, the
sums of $4,000. but that the expenses
charged in connection with the collection
of this amount has been about s421 900.