New-York tribune., 1901-07-23
ALL CHARGES WITHDRAWN
END OF LITIGATION INVOLVING Expcu-
TORS OF MRS. RUBY TIIDEN
PAINE'S WILL

stipulation has been filed In the Surro<aSn,~
Sour'' ' signed ny all the counsel and attorneys In
.ne long continued lawsuit brought by some of the
neirs or Ruby Tilden Paine against WiIna a
Faine and Waldo Grant Morse executors Of Nh.
Paine's will
II IS stipulated that ''an charges against VIr1.
8 Paine and Waldo Grant Morse in 40 IA, as
such charges may seem to imply any reflection
upon their integrity, absolutely withdrawn And
IL Is conceded that the acts of the executors have
not been shown TO have caused any loss to the
estate"
Inis agreement ends the litigation. with the az
cepuon or suit pending before Justice o'Gorman
10 construe Mrs Pane's will that tn its various
phases has engaged the attention of the surro-
gates and Supreme Court for more than five years
Inc original trouble between the ntigatinR nar-
ties arose shortly after the death Of Mrs Paine
VINO was the niece of Samuel ]. TiIden and who
inherited large fortune upon the death OF her
uncle After her death no will disposins OF her
property could be found. and action was be-
gun oy several OF her relatives to establish GER
tain drafts of her will lost will proposed
trust deed was prepared. the form OF which, how
ever was not approved by others of the heirs
subsequently. a will discovered leaving an
annuity of $4,000 and other property to her hus-
band and appointing him and Waldo Grant Morse
as executors
Ex-Juage j. Rider Cady counsel for Willis s.
Paine, and Lewis L. Delafeld counsel for Waldo
Grant Morse. unite in the following statement In
which they say;
In June. 1860, wide publicity was given by the
nature which had been made against Messrs.
Willis s Paine and Waldo G. Morse in a proceed
ing which had been instituted in the SurrogatSs
OF 0s of b county 70 their :.
year publicity was also given the opinion of a
OF actual wrongdoing had been sustained
nevertheless intimated that the gentlemen above
of their duties as executors. And the fling Of
this latter report served to revive the earlier and
was wild 1SlU tprir afa-1
In the newspapers that Mr.. Paine had been guilty
both ne and Mr. mprs m His w ~ ns anS %
had grossly mismanaged and despoiled the es-
After thorough investigation Of all the ques-
ti9ns involved the counsel for all Of the lsgatees
Paine and Morse have not only Withdrawn all
referred to- but have consented thai the proceed
ings TO secure their removal be dismissed, and
already adverted be vacated and set aside The
e5e% or 5hgs IL Tesrfsf 70 snx
The parties to this proceeding have conferred
between them and having as res result Of fuii
discussion of such differences. determined upon
follows follows: '0'"S''"e"' '"'ieO-' : '1'A''D
"Firs-That all charges made against the said
Willis S. Paine and Waldo Grant Morse in this
proceeding, In so far as such charges may seem
absolutely Withdrawn and it is conceded that the
acts OF the executors criticised in this proceeding
have not been shown to have caused any loss to
the estate
'second-That an order shall be made herein IN
OF the referee heretofore appointed herein. and
discontinuing disuissing this proceeding with
out costs either party against the others
'Thrd-That nothing in this stipulation con-
tanned shall in any wise estop any party to this
proceeding from raising such questions as ne or
she may be advised upon any accounting by the
executors OF or trustees under the last VIII and
testament of Ruby Tilden Paine. deceased"
Upon this consent order has been made oy
the Surrogate vacating the referees report and
dismissing the proceeding.
Edward G. Whitaker, counsel for Colonel Sam
uel J. Tiden. says that after careful tnvssesa-
ton of all the accusations made against her exec
utors. Willis s. Paine and Waldo Grant Morse ne
has come the conclusion that they have acted
in a manner most creditabe to themselves. and
that while they have maintained disnined
| silence they have acted in manner consistent
with the highest and most complete integrity. He
saws the estate has been managed most carefully
and successfully and all the various interests nav
| been conserved and protected