New-York tribune., 1899-06-11
MUST PAY THE INCOME.
TRUSTEES UNDER CHARLES x. HAMlLroN's WILL
ORDERED TO HAND THE MONEY To HIS
DA1TGHTER's GUARDIAN.

TRUSTEES UNDER CHARLES X HAMILTON "
ORDERED TO HAND THE MONEY to HIS
pAUGHTER's GUARDIAN.
phorbard Faber William Bayard Cutting anu
James G. Hamilton, the trustees OF q iuhu I.''
Charles Kennedy Hamilton for the educauon u,'u
,,ror, ~ bis only daughter. Eleanor M Haini'-
,on have been directed by Justice Beekmah' M 'ne
sunreme Court 10 pay TO Mrs Louise savage iyns'
the aunt and general guardian OF MISS ,', =,
the amount of income from the trust Iuhu WIZ , -
nj present in their hands pending 'he iu' INC -,
of the Court or the determination OF suit wNui'
they have Instituted Ior 'he
Hamiltons will. ,,.or,
Miss Hamilton through her guardiai au 49, ,,
c,coree b Norris lawyer, has an actloh pei,u'"e
for the removal OF the trustees under her la'io.
will on the ground that they nave reiuseN " -
out ,ts provisions regarding her income ana she
asks that trustees be appointed IN their pia'o ""'
will carry out her fathers wishes
Mr. Hamilton after making several peques's, iei'
the residue OF his estate in trust 10 the ueie"u"
IN Miss Hamiton's suit TO be devoted py theiii "
her education support and maintenance. anu ior
her natural life Should however occasion arise'
tho trustees were empowered. IL they deemed ht'
nj anv time TO pay over to Miss Hamilton ''lo
principal of the trust fund. or any part theieoi'
Miss Hamilton is sixteen years Oh age 'iiu .i'o
income of the fund has Increased largely slhee 'io
dcatb Of her father In May, 1894 BY his VIII no ap
nointed Mrs Tying her guardian, and she hves WIN
her aunt and uncle Morris A. Tying IN summit
j. Eberhard Faber trustee under M Mr. btahnr Hai
toms will brought suit against ms Drother Ntra
trustees the executors Of the Will. Mr.: ana Mrs
Tvng and Miss Hamilton. for the construcuon oi OF
tho provisions of the will under which they are 10
nroyde for Miss Hamiltons education anu HlhiMil- IL
tenance They aege that Mrs Tying i Is nnancialy IN ,y
IRRESPONSIBLE, that she Is n non-resldent OF inns
State and they are not justified In paving over & 10
her the income OF the trust fund unless the Soutt
holds that they are bound to do So as, should II
be msapplied by Mrs. Tying, they may DE heIu re-
sponsible for any such conversion OF me estate.
MIR Faber says the income has been repeateuly
Increased since the death Of MIR. iamlltoh, ana
he does not desire 10 incur any liablIty ekcePt
under the direction Of the Court. lie says inc
income now amounts 10 more than S,GU a year
Mrs Tyng In her answer TO the SUIT says tnat
IL was brought by the plaintiff acting IN coiIuslon
with the defendants Lothar w. FaOer ana Jaines
G. Hamilton, who are the executors OF the. Will
for the purpose of retaining the income or tne
fund in the hands of the trustees, ana preventing
its application 10 the education ana support OF her
niece as provided for by her fathers VIII. 80
From the date of Mr.. Hamton's deaih untii July
25 1885 she says she received no money from the
trustees for her niece's education. and cheerfulIy
advanced the money necessary for those oDJecls,
iust as II Miss Hamilton had been her own child.
From July 25 1896 until February, 1897, she alleges
that she received the whole income OF the trust
fund. which she devoted to the cnilds educa tion
and support since June. 1888 the trustees nave
refused to pay anything to her although they nave
I'm hand 50 500 Mrs Tying says this money Is needed
10 pay bills which she has incurred In her ward
behalf.