New-York tribune., 1901-02-09
sHE4Ru4y ESTATE TO BE SUED.
HEIRS WILL TRY TO RECOVER INTEREST IN
TREST FUND ADMINISTERED By HIM.


A suit will be begun against the estate of Thomas
c.. Shearman 10y Theodore Nye. OF No. 152 Lefferts
Place. Brooklyn. -four dealer on the Produce Ex-
change. and his sister Mrs. ]. &. Topping, Of No
- Columbia Heights. Brooklyn. 10 recover their in
terest in a trust fund of $4,000. which was admin
istered by Mr. Shearman- Their attorneys are
RemseG * Parsons. OF No 80 Wall-st.
II is claimed by Mr. Nye and Mrs. Topping that
their sister. Sarah. who married William Shear
man. a brother Of Thomas q. Shearman. and who
died as his widow in Salt Lake city eleven years
ago. left fund Of sao.O00 for the benefit of
her brother and three sisters The benehciaries
were Theodore Nye Mrs. Topping and Mrs. Charles
r Gilbert and Miss Elizabeth r. Nye. OF No no
Safest The trustees OF the fund named were
Thomas c. shearman and Elizabeth r. Nye. and
It was understood that Mr.. Shearman was 20 have
the full management OF the trust.
Mrs Topping and Mr. Nye say that for nine
years Mr. Shearman paid them their respective
shares in the interest Of the fund of $4,000. and
that Mr. Shearman then advised them that the
fund no longer existed AT that time Mrs. Topping
Was living in Portland. Ore. and was surprised to
receive this information. she had been receiving
for years an interest from the fund Last fan she
moved with her husband to Columbia Heights. and
waited for the return OF Mr.. Shearman from Eu-
rope for an explanation on Mr.. Shearman's re-
turn he was sick man. and died after an opera
tion. Mrs Topping had not been able to see him.
and since his death she and her brother have de-
cided TO get what they consider their rights in the
fund.
Mrs Topping was seen by Tribune reporter
yesterday al her home Columbia Heights. She
said that two years ago Mr. Shearman wrote to
her and her brother. asking them to release him
from the trusteeship Of the trust fund. as he had
lost the principal
We were in Portland Ore. then said Mrs
Topping and could do anyphing- We did
not think il was of any toseo TO law with
Mr.. Shearman. after he wrote me that the
$4,000 did not any longer exist. could not
afford 10 90 TO Law with him. and hoped he
would do the right thing time later. Mrs
Gilbert and Miss Nye signed the release for Mr.
Shearmsn. and after the refusal Of my brother and
myself 10 sign II. learned that he had made Mrs
Gilbert sole beneficiary of the trust fund never
answered his letter in which he inClosed the formal
release for my signature and said the principal was
The next year We were coming Brooklyn. but he
died before ! could see him and get any eNPla-
My sister Miss Nye wrote me on one occasion
anV Ta tTouble Tor him in his lifetime. but that in
case of his death my husband or my relatives
might advise me To- take 80 aet,oR @ asanSs ms estate
ceived the income from the trust was only made
thing on the subject was glaa to learn this
afternoon that the fund is still in existence. 1
TO receive my share of the trust fund
Miss Elizabeth t. Nye seen by Tribune
yesterday and said that neither she nor her sister
Mrs. Gilbert who lives with her, would make any
John W. Sterling the former lA- partner Mr.
Sherman; said that Mr. shearman by the will of
tOn I'm distributing the interest the fund For
the four members of the Nye family. and then de-
sded to use his discretion in the further distrbu
in existence and had never been mis1Se sS "w tSe
losses of MIR. Sherman had nothing To do with the
of the will. II simply a question in law as 10
whether or not MIR. shearman after paying the in
terest to Mrs. Topping and Mr.. Nye for nine years
was then justified In stopping all payment To them