New-York tribune., 1900-04-28
SUIT OVER F. P. J4NES's ESTATE.
MOTION DIRECTED AGAINST MRS. DANIEL
BUTTERFIELD AS TRUSTEE

MOTION DIRECTED AGAINST MRS. DANIEL
BUTTERFIELD AS TRUSTEE
An action begun in the Supreme Court about
fifteen years ago for an accounting Of the estate
OF Frederick P James by the trustee Mr. James
a New-York banker who died in 1884. and
the first husband of Mrs. Daniel Butterheld.
who was appointed executor and trustee of the
The action for her accounting Of the estate
trustee instituted in 1885 and a referee was
named pass upon it. The accounting de-
layed for several reasons The heirs contested the
will soon after It was probated. and Mrs. Butter
fields accounting of the estate trustee was
postponed by mutual consent OF all parties
cerned, IT is said, until her accounting executor
ended.
Owing to the death of the plaintir in the action
for the trustees accounting. a motion has
been made TO revive the previous action for a
trustees accounting This motion will be heard on
Monday April 30. The counsel for one of the heirs
said yesterday that the held by the trustee
of the estate for division among the thirty heirs
about 100000
Mrs Butterfeld's attorney the proceedings
Is A F Hagar and the heirs are represented by
several lawyers including Charles s Clarke. Robert
Mazet. Richard Woodford and George ". Hart
The widow married to General Butter1eld
a few years after the death of Mr. James. She
was the daughter of the proprietor Of the old City
Hotel near Trinity Church. Charles D. Chase,
who was one of the original heirs. brought suit for
an accounting of the estate sixteen years ago
Most of the original heirs have died. The wife
of Charles s Clarke Of the heirs of an
original heir the estate
Mr. James made fortune banker in this
city. He associated for some years with
Russell Sage and the late Charles D. Chase, and
was said 10 have the real protector of the
system OF elevated roads il this city, having
contributed most of the money for the old Ninth
ave elevated railroad. He OF the prom
inent members Of the Union Club, and he had a
splendid country place at Cold Spring. where he
entertained many prominent Army officers, in
cludrg General Scott and General Grant. He left
an estate OF than 100000, consisting in part
Of real in this city including the Rocking
ham apartment house His will directed that one
half of the income of his estate be paid annually
come after the expenses of managing the estate
were paid. should go 70 other heirs, who num-
bered six at the time of his death.
Albert F Hagar was seen last night at the St
Cloud Hotel. and In speaking about the case said:
Bv reason of the litigation begun by the heirs
the accounting of the executor was delayed until
the fall of 1892 when decree was entered fully
approving her acts and passing her accounts as
The present motion is not 70 divide any money
but IS purely A formal one. Mrs. Butterfeld has
always been anxious to proceed with her account
ing as trustee and will present the referee. who
was appointed in 1885 TO hear the accounting, full
and correct statement of her management OF the
large part of the estate consists of large tracts
of unproductive land in Iowa and Texas, the taxes
the estate, thereby making IL necessary to use
large part of the income which might otherwise
have gone TO the heirs The litigation instituted
by the heirs against the executor and trustee
which resulted in favor Of her has also diminished
considerably the income the expenses by the terms
of the will, being taken from any share that might
the heirs