The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-26
MRS. MUIR'S PLEA
Late Senator McPherson's
Daughter Asks for an
Administrator Of
the Estate.
PROCEEDINGS IN ORPHANS COURT
II Court Favors the Petitioner
Judge Blair Will Name
Baldwin's Successor.
IN ORPHANS COURT

~
Orphanss Court Judge Blair will hear
argument of counsel to- decide whether
or not to appoint an administrator
pendente lite for the estate of the late
Mrs. Edla Mcpherson, widow of the late
ex-United States Senator John r. Me-
PheTson, whose will is being contested by
ms only child Mrs. Edla McPherson-
Muir. She was left only life interest in
the vast holdings of her father.
IL, after hearing argument, the Court
should decide that some other person than
Aaron 5. Baldwin, of Hoboken, who is
named as executor by the will of Mrs.
McPherson, should be appointed to look
after the estate, Judge Blair will. on
FRIDAY next, hear the recommendations
OF interested parties as to who that per
son should be,
This arrangement was reached in tha
orphans Court this morning after a spir-
tied argument between counsel represents
ing the different parties.
Lawyers Nutzhorn. Maben and .Iudee
Abel I. Smith. with Lawyer Reid q. Dill
worth, of New York, who drew the con-
tested VIII OF Mrs. Mcpherson, appeared
for the proponents under the will. Ex
assistant prosecutor Van Winkle and
Lawyer Albert G. Wall appeared for the
contestant, Mrs. Muir, and Lawyer W.
A. Lewis represented Christ Hospital one
of the residuary legatees.
The proceedings began when Judge
Smith said he had but recently been re-
tanned on the case and asked for an
adjournment of the hearing on the appli-
cation of Mrs Muir's counsel for the ap-
pointment of an administrator pendente
lite, in order to enable him to properly
prepare his answer to the application.
Lawyer Albert G. Wall objected to any
delay in the hearing. He said that pro-
ceedings had been begun in another jur-
isdiction and there should be no objection
to going ahead in this jurisdiction.
Lawyer Van Wrinkle said that the con-
dition under the contention of the peti-
toner was so important that it should
be disposed of at once. The contention
was that at this time there was no Gus.
| todiap of the estate, because by reason o1
the appeal made by Mrs Muir the an
pointment of Mr.. Baldwin as executor
was suspended.
If your honor consents to grant tirut
| you leave this vast estate without a Gus
todian-a ship without a rudder,'' de.
clared Mr.. Van Wrinkle.
He then quoted the case of Brown
against Reilly decided in 1876, which, ne
said settled the point that where an ap.
peal is taken from the appointment of al
administrator or executor it operates te
suspend the appointment of the admins
traitor or executor made by the will Mr.
Van Wrinkle insisted that this condition
made it necessary for the Court to ap.
| point an administrator pendent lite al
once to look after the interests not only
| of the petitioner but of the beneficiarie:
| under the will.
He insisted that it was not necessar,
to notify Yale College, Christ Hospital {
the Emergency Hospital of Washington
the residury beneficaries under the Will
Notice of the citation had been served or
Mr.. Baldwin who was the only persor
| who would be hurt, if any person was te
| be hurt, by the appointment of a tenn.
porary administrator
Mr.. Van Wlnkle said that the petitionel
cid not at this time propose to go into the
question of whether Mr.. Baldwin was fl
person to administer the estate
| Judge Smith replied that he knew
nothing of proceedings being instituted il
another jurisdiction, and if there were
| it would not affect his argument
The delay asked for was only matter
| of few days and could not possibly af-
| feet the interests of the petitioner. Hs
| denied the contention of opposing counse
| that the application for the appointment
| of administrator pendente lite was one ol
| right, and insisted that the fact that the
| reslduary legatees had not been notified
| of the proceedings, was sufficient grounds
| on which to ask for delay
Lawyer Lewis, representing Christ
Hospital. sustained Judge Smiths onten.
| ton. He said no notice had been served
| upon the Hospital and he presumed thai
| Yale University had not been notified. He
| insisted that all the residuary legatees
| should have been notified. He also asked
for continuance of the hearing.
| Judge Smith said he denied the conten.
| ton of counsel for the petitioner that
! no longer executor He insisted that
| there was no case in which an appea
from a decision of a surrogate in the an.
| pointment of an administrator put the
acting administrator out of office. He said
| that if an administrator pendente life
! was appointed it should be Mr. Baldwin
| and contended that the business Interests
| of the estate would suffer if some othe,
| person was appointed. Mr. Smith said hf
| did not desire to go into the argument o1
! this question at the present time. as the
4 only question properly before the Cour1
I was whether an adjournment should be-
| allowed os
Judge Blair, after consulting with the
I several counsel, made the disposition o1
the matter told in the opening of this