New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-30
GOTEHNOR MORTON As EXECUTOR.
HE MUST SHOW CAUSE WHY HE SHOULD NOT
PAY A LEGACY UNDER WILL NOW BE-
FORE THE COURT OF APPEALS.


Governor Lew = Morton. as sole surviving execu-
tor OF the will OF Lizzie II. Perkins, was ordered
yesterday by Surrogate Fitzgerald to show cause
why he should not pay legacy Of 5000 to Lizzie
4 Penpen The order is returnabe on Tuesday.
Mrs Perkins was the daughter of Thomas Har-
wood a retired merchant OF Brooklyn, who died
> year after his daughter, at the age OF lo2 MIS-.
Perkins left Will dated January 8, 1890 In when
she disposed OF an estate of several hundred thou
sand dollars She died at Paris on September g.
1891 She lef, special requests OF about spv" IN
Guiding a bequest Of $1,000 10 the poor OF Bath
Me and another follows: ITO the American
Hospital II erected In Paris. that strangers twone)
may ave place to go. | give AOo. she gave
1900 TO Miss pennell who lives at Newton Mass
and also some of the articles in Mrs. sPerkins's
homestead at Bath. Me. To Governor Morton she
gave some old Sevres plates and to Ellen G. Wood-
bury. an old schoolmate, her lot at Wasinnsto"
H. c. and her diamonds and rubies Inc resiuu-
airy cause follows
Il appoint Ellen c. Woodbury. my lesatee' ana
give 10 her all not before specified in this and re-
cues, her to give l may direct or sell from
what remains.
she appoInted John H. Wyman Levi P. Morton
and John q Richardson her executors ana orec'eu
them TO sell her stocks. bonds and otner properly
such as was no, disposed OF in the WILL ana give
IN, proceeds TO hospitals and homes for women
in New-York and Washington The VIII, which sne
drew herself. concluded:
1T is my request that all that have here re-
quested BE- private as possible as my a"a"'
regard one" $50
Mss Woodbury. claimed the residue OF the es'a'e'
and the executors brought suit for the cons'ruc
ton OF the will The following letter, when was
undated. directed by the decedent to Miss oou-
bury and had been given TO the executors wan
the WILL was put in evidence at the trial whieh oc
Cured before judge Leslie W. Russell OF the su-
preme Court: LIZA
Nell sell what you can OF my things anu s', 20
the money 10 the poor. Give or my palhtl"ss
Mrs Dana something. GIVE my clotnhg 70 ,.i 80,
Pennell and my guitar: To Martse h,c .,io u 1ba
give the small set OF silver VITA tne 80 si,,e,
To the poor Sell the contents o. the TWO Idtse
boxes al Lincoln and give the money 10 the poor,
Give the Nckever girls some or my palht.HeS'
am TOO Wild Nell with the thought or death 10 90
down Try TO do as | would Wish. GIVE MIS-. bdHa
my Indian shawls. Florence Matthews the small
silver kettle and silver cups, teapots burn essiS
paper and family picture. LIZZIE ii. PbkhlNS.
The charitable requests. the bequest OF SeVres
Mate to Governor Morton, and The requests ana
bury were held by Judge Russell 70 be invalid FOR
uncertainty. but the requests 20 Mss fenneh anu
other trends OF Mrs. Perkins were held valid IN
der the decision OF Judge Russell the res.duary es-
the testatrXs father. An appeal from Judge kus-
sells decision is before the Court or Appeals
and i'm the mean time none OF the valid legac4es
have been paid. Il is claimed by James F. Darcy,
of No IS Wllnam-st. who appears for Miss Pen
nell That Governor Morton has not pad any or the
valid legacies although he has $4,000 OF the es-
tate in mis- hands. The valid legaces amount TO
$}S5Oc which IL IS said should be satlsned' In be-
half OF Governor Moron 1t Is urged that he can
moi with safety pay any OF the egacies until the
Court OF Appeals passes upon the Will.