New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-08
THE COURTS.
THEY WANT MIR. HUMFPEvILLE REMOVED
uAvrNryrR HEIRS SAY THE EXECUTOR HAS
BEEN GUILTY OF WASTE AND IMPROPER

HAyEMEYER HEIRS SAY THE ENECoIoH HAS
srrN GUILTY OF WASTE AND IMPROPER
APPLICATION OF MONEY
motion was argued yesterday afternoon be-
fore Surrogate Arnold for the removai OF D. Lee
Humfreville one OF the executors Oh ''e IA Vi
Mary J. Havemeyer who died some years ago iea'-
ing an estate estimated to be worth several nun
a-oa .horsana dollars The ground upon which the
motion Is made Is that the executor has been guilty
OF waste and improper application OF moneys anu
other assets of the estate that ne lh'es'eu "'oe'
IN securities unauthorized by law. and also ior mis-
conduct in the execution OF his once showing iii
providence and want of understanding. Inc app''-
ca,on ia made by General Thomas Ewing in behait
Of all the heirs and beneiciares under the VIII" anu
also the co-executors. who join IN H.
II IL charged that Humfreville. who was VICE
president of the Ohio Southern Railroad Compa'.
and also director and large stockhoder' invested
about $4,000 of moneys belonging 10 the estate -
stock and mortgage bonds of this company whch
were Of very little actua! value ana tha' lie ai o
took out OF the Holland Trust Company ABOUT S''Vo
without the knowledge of his co-eNecu'ors' "po''
che p,ea that he was apprehensive that the company
was not sound
General Ewing declared that so far as accounts
were concerned. Mr. Humfrevllle was an imbeche
William NJ WINS appears for HumfreviLe' VINO ue
MES the insinuatons that are made against hh' ~
is charged that the executor mas '"'"pp''p
ated any Of the funds.
In support of the nsn.ion to remove the execute
afhdavts preserved by Mrs. Jennie D -
Havemeyer Campbell the wife OF Adair Ca"poe,i'
a daughter of the testatrx. who now lives IN SCOT
land by Henry Havemeyer, a son; by l. biow"e'
1,urnham the general guardian of the chiidren'
William F. Havemcyer. and Edythe HaVeihe'e',
and bv LAWYER and Executor Edward Kent anu
,,hers They all declare that Executor Humire-
Vile has mismanaged the estate. mas reiuSeu ~
give information concerning it. has assumed eoi'-
troll of II himself. greatly to the detrimeh' Vi -"
children and their interests and That MS reiio'"'
mill no beneficial TO the interests OF all. IL Is
feared that if he is allowed to continue 10 ac' as
evecutor longer the estate VIII be granua"! i','
+h. children deprived of what their mother Hh'eiu
al ,bav should have and endless litigation result
Some of the children entitled TO a snare III 'e
resdue Of the estate now. but say that they nave
been unable to get it because OF the cohduc' VI
Mr. Humfreville ., l.,
Henry Havemever SAYS that Mr. Hum'reVhe IL
unreasonable vindictive. tyrsnncal; mas Noe IN
tan,nar and insists upon the MANAGEMENT vi tli
as,afe In his own way The result is Was.e a. o.
SUPERINTENDENT. Mr.. Burnham says INN tr ',ofra
nevar heen abe to confer with Executor 80
,,,,a chou. the estate and the interests ol M
claim TO about one-half of the securities oeo"s'"e
Under the provisions of the VIII Humirs S,sh,ers
n.,,a charge of the estates of the TWO uduSh'et
during their lives, unless removed anu u. 10 ,ha
noxio,s 10 them They have life interest," !" 'r'S
nstate The three sons-Henry. William r. anu
w Havemeyer-are entitled TO the en s"a'''
,rha, they become twenty-five years Oh -, ,-o
NJ Humfrevilles side OF the cas-, VIII NC pre-
scented TO the Court next ihu's'