New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-20
OAKESHOTT TO GO HOME
Former Secretary of George Smith
Tells of His Suh.

Benjamin y. Oakeshott who for many years
the private secretary of George Smith. of Chicago
who died in London leaving $45.0Co.OO0 will return
to England in few days with his suit against the
Smith heirs still in the Oakeshott sued for
the fees which would have come TO him had he
continued executor of the Smith will He
withdrew the request Of the heirs. who he al
leges agreed to pay him whatever would have
come him from the American courts if he had
continued as an executor. The recently
decided against him by Justice Fitzgerald III the
Supreme Court. II has been taken to the Appellate
Division by Mr. Oakeshott. 1t is said that there
has been some intimation that the would be
settled of
SIN an interview with a Tribune reporter yester-
day Nh Oakeshott said:
This case arises under the will Of George Smith bd
that city was very small. lie amassed IoftuHe
in banking which amounted at the time OF ms
devised e equally to James Henry smith and George
a Cooper. The former was the son OF an limos 5
placed in his New-York office in Wall-st; and came
solicitor in Elgin Scotland. no relation OF George
Smith, but had married James H Smiths sister
The executors of the win were Smith, Cooper,
Paiar G eddes Of G coeas9
Smith. and myself. The executors were entitled
ton amounting about 81 100000. In England no
compensation is allowed 20 executors :,
an axecItor stating ii would be very incon-
yenient to conduct the estate with me in London,
I however declined to renoumce. in view of the
fact that executors commissions were allowed in
America All agreement was drawn, by which
Smith ana Cooper personally agreed TO pay me
such compensation as ] was entitled 10 claim in
America provided I renounced. which later for
Subsequently. Somerset House Smith and
Cooper claimed allowance Of per cent, about
s. 800 600 for administration expenses IN America.
and about 81 100000 was allowed. by which large
rebate was secured in death duties. In New DIRK
in The inheritance tax proceedings In the Surro-
gates Court. Smith testified under oath as 10 the
orS entitled to compensation amounting 10
about 81 goo. This claim was duly allowed, and
the amount was apart to the executors. and
the balance equally to Smith ana cooper. ny name
Rv making this claim. Smith and Cooper dimin-
ished by about $f5O00 the amount of inheritance
tax due the State of NewYork. Cooper. in his
deposition on file admits that he and Smith have
received all Of the executors compensation -,
The will was not proved I'm New-Nork with
some difficulty the securities were surrendered TO
Smith and Cooper as executors and resduary
legatees, Advised of the above facts, deman ded
pa yment Of my compensation. which was deferred
ard finally refused.
John Wink had qualified as an executor, IN
New ork and once consulted the firm or t.VaIts
Choate & Beaman. who advised him that he was
too late then to prove ne WI as ni." Wip pc
cordingly cooled himself Niagara Falls, and re-
has adequate remedy in the English courts against
Smith & Cooper for what is due him, but OF which
Later / brought suit in New York against Smith
G. Cooper and came over i'm May last 20 follow II
up. The finally called on December 10, When
the defendants moved to dismiss the complaint on
the ground that the remuneration by myself. given
their request and in their favor as iegatees was
contrary To public policy. and that thelI aRretlSi
to protect me | could have protected myself hut
for my remuneration at their request, was Nolq
Mr. Parsons claimed that the circumstances OF TINS
case showed deliberate attempt 10 trick me our
Of my compensation. and the considerations OF pun
policy could not be invoked to support such man
The case will now go before the Appellate Court
and shall return to England TO await ITS DECISION