The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-11
EXCEPTIONS DISMISSED.
Henry NJ. B0ies' Action as Executor Of
His Fathers viii Sustained By Judge
Mcpherson.

Henry NJ. BOies' Action as Executor OF
His Fathers viii Sustained By Judge
Mcpherson.
When Judge John Il. Mcpherson, of
Harrisburg. was here specially presid-
ing during the November term of COM
mon pleas court, before him was argued
the exceptions to the first and final ac-
count of Colonel Henry NJ. Boies. trus-
tee of Mathew l.. Boies. deceased. ne
sent an opinion yesterday dismissing
the exceptions.
Joseph Nj. Boies was born in 1909 and
lived for many years at Saugcrties, in
the state OF New York. OF his five chill
dren, Edward died before him in 1871.
unmarried and without children: the
four who survived him are Henry M,
of this city. his executor and the trus-
tee whose account is now before the
court; Mari, wife of Thomas c. Brain
ard, Of Montreal, Canada: Ella, wife or
Luther Latin Mills, of ChicagO: and
Mathew, who died i'm 1894 in the forty
fifth year of his age, unmarried and
without children.
OF these four. Henry. Mari and Ella
had left Saugerties and established
homes elsewhere before October. 1877.
In that month Mrs. BOies died, and for
twelve years thereafter Joseph and his
son, Mathew, continued to live to-
gether in Saugerties. dwelling In the
homestead until 1888. when the prop
erty was sold. and after that event
boarding in hotels for the most part
until June. 1889. Joseph Boies. the ia
ther, made his will In 1880 and he died
In April, 1891. When he died his whole
estate was In Scranton. except a small
equitable interest of some kind. which
he owned In certain real estate I'm Chi
cago.
The viii Of Joseph Boies.
In 1880 when he made his will. he was
principally concerned to provide safely
for his son Mathew. His other son and
his daughter We're in prosperous cir
cumstances. To each of the four chn-
dren was left u fourth of the estate, but
the share intended for the support of
Mathew was placed in trust in order
that the income which he needed might
be certainly available during his life.
Henry NJ. Boies was Oppointed trus-
tee OF Mathew and provision in the will
was such that he. Henry. should pay
the income to Mathew in quarterly pay
ments each and every year during his
natural life. but in his discretion Henry
could nay him from $4,000 to $4,000 to
start In business.
When Mathew died in 1894 he made
a will leaving his share to his nephew.
Chicago When Colonel Boies. who
was executor of the estate of Joseph
Boles, filed his report he failed to take
cOgnizance OF the will OF his brother
Mathew, and the settlement was made
in the proportion of One-third to each
of the surviving children.
Opinion OF Judge McPhcrson.
Exceptions were taken TO the account
by the Nils family and the matter was
argue before Judge MCPHERSON. En-
Justice Alfred Hand. ex-Judge w. II.
Jessup and Attorney w. II. Jessup. j.,
represented Colonel Boie;; and the eX-
ceptions were represented by City So
licitor Torrey and Judge Cantine, or
Saugerties. N. Y.
Judge McPherson's opinion dismiss
ing the exceptions. states that Joseph
Boies did not intend to give, and the
words of his will did not intend to give
to hiss on. Mathew. the power to be-
uueath any part Of the principal, whose
income was appointed for his support,
and therefore his will has no opera
ton on the principal fund in the hands
of the trustee.