New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-06
NO TRACE OF BISCHOFF. /
BROTHER NOT ALARMED.
Supreme Court Justice Giues His
Version Of Family Quarrel.


weeks ago Justice Warren w. Foster, as was
told exclusively in The Tribune yesterday, COM
mitted him to the State Insane Asylum at Mat
teawan, bur he escaped from St. Marks Hos
pitaI before the commitment was served.
Justice Henry Bischoff. of the Supreme Court.
said yesterday that he had no idea of the where
abouts of his brother. He said that the first he
knew Of his disappearance was when he read
of IT IN The Tribune yesterday morning. Justice
Bischof is not greatly alarmed. as Franklin
Bischon has disappeared before and has never
come to any harm.
Justice Bischon yesterday reviewed the events
leading up TO his brothers recent commitment.
and talked freely over the coming legal con-
test over the Bschof estate which he says is
worth about 100000
He said that, on looking over legal journal
a few months ago, he noticed that his brother
was under indictment for the larceny Of $1,000
Knowing his present mental condition, he
thought it his duty to inform Mr.. Jerome that
the defendant was not fit TO make a defence or
help his attorney prepare one This resulted in
Justice Foster appointing a commission to in
quire into his sanity. Justice Bischoh, DR.. Aus
| tin B. Flint and DR.. Samuel B. Lyon who once
had charge of Franklin J. Bischoff in Blooming
dale. testified before the commission which
found the lawyer insane Justice BschofT says
supposed that his brother had been taken to
Matteawan by the regular authorities.
When asked about the objections to his ac-
count, which is set for hearing before Abraham
r. Lawrence of No 49, Broadway as referee,
for October a. he said that it was simply an
other attempt to keep the affairs of the estate
tied up until the dissenting heirs could force
certain arbitrary conditions upon the executors.
He said that his account told in detail of the
disposition Of the personal property and of the
amount, earning capacity and condition of the
real property which has not yet been divided.
He outlined some of the objections to this ac-
count. which The Tribune could not learn on
Wednesday, because ex-Judge Lawrence said
! that once the papers in the case were in the
hands Of referee they We're not open to the
public until after the hearing
According to Justice Bischoff the objections
entered by his brothers family include the
charge that the estate has been negligentIy ad-
ministered; that money set aside for the Frank
lin Bischoff trust fund is only drawing per
cent interest when it should be drawing per
cent; that the value of the estate has been I'm
derestimated, and that diamond ring. horse
and carriage and certain furniture willed to
them have never been delivered. There is also
demand for the production of the late Henry
Bischof, sr.s, books. that expert exanina-
ton may be made. In explanation of these OBJ
jectiOns Justice Bischof said yesterday:
The personally Of the estate has been divided
among the heirs. with the exception OF a one-dIJh
J. Bischof and his family. This portion amount
ing 70 about $1,000. is on deposit IN the Washing
ton Trust Company, drawing per cent interest
The DIRECTORS declare that it should be drawing )
@ ana We van Explain hq bg aS S @ uh 19F
| trust fund is finally established we can make no
permanent investments which would assure greater
carelessly adn1irfsteTed or if we have 1ndeTvsned
II.
in Jail If my father left diamond ring. horse
and carriage or any furniture we have not found It
The books through which they would like 10 send
my father and William H Becker. We have 70
protect our correspondents. We say them II
has bearing on the case, suppose You get sub
poena for them and introduce them evidence
the books except general suspicious that all is not
right.
HIS AFFAIRS COMPLETELY WRECKED.
Justice Bischon declared that his brother
Franklin had made a thorough wreck Of his
affairs. He said that his brother had contracted
a $4,000 debt much of it the conversion of
money tutrusted to him for investment before
the death of his father, and $1,000 since the
fathers death. He said that if he had not sue
ceeded in preventing contest of the will
everything coming TO the Franklin Bischoffs
would have been swept away by the creditors in
case the will had been declared invalid Continu-
ing. he said:
For two years they tried 10 contest the will de-
Iss aTaW l s vas H. II IS Fre but az 5s s II
his right mind. He gave US discretion in The mat
ter OF charging FRANKS snare with advances made
during his lifetime mostly to pay on pressing debts.
we oecloea hoL % chaTse ms snare with any ad-
Vances. FaTner also lert II 10 Us TO decide how
much should be paid 10 the creditors We have
should be applied the debts ne contracted This
would allow the creditors about 81 cents on the
dollar, If they take it. and il will leave a
trust fund OF about $50 Tor the support of Frank
Bschoff and his family. the fund to be divided
Now the wife and children complain that We are
going 10 pay Erankln Blsehons debts with their
own money They forget that my father was not
the right 70 do as ne saw nj with ms fortune.
The estate would probably have been settled by
tons these heirs have made One of the properties
is nc Sfe to te If for so @ 3 YEAR Is2 had con
and day or so before the sale wrote the pros
he made the will and ne proposed 10 contest
The purchasers refused 10 take the property, and
trying 10 enforce the purchase. Oee-i
Ny brothers family no longer deserves consdere-
ton f1oTn me on Ihe ground OF relationship They
come demanding rights not friendly consideration
+be, come asking nv corsfder5t6i as 9ULgof II
is my right impose conditions. and one of those
conditions is that they snail endeavor to do some
appeal to the Charity Organization Society to nut
me n eaa ns4t 6eIorg [he public but after all
sponsihility.
RECEIVED LETTER OF APOLOGY.
Mrs Bischof says that before she received
first income payment from you she was forced
to write letter of appreciation. saying that she
approved Of your management of the estate"
the reporter suggested.
The trouble they had made for me before
that date had been so great that did demand
an apology" said Justice Bischon, and their
attorney at that time advised them to make it,
10th Mrs Bischof and her daughters signed
this letter but they say that at the same time
they wrote two other letters which were sent
10 friends 10 hold in case the other letter was