New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-30
MERRILLON WILL FIGHT
EYTORTION THE CHARGE.
Frederic r. Coudert Objects to
James G. Smith as Executor.

Mineola- Long Island, March 2s-Frederic
h Coudert to-day filed with Surrogate jackson
objections TO the granting Of letters tesla
mentary 10 James Church Smith. as executor Of
the Will Of Mrs. Cornelia Stewart Merrilon. who
died at Pau, France. on March p. 1905 The OBJ
jeotions were based upon alleged extortion.
Mrs. Merrillon left an estate in real and per-
sonal property valued at 100000. one-fourth
Of which goes to Joseph Nerriuon, her husband.
and the rest to their children Charles Marie
Pierre Clinch and Marie Joseph Clinch Mer-
rillon.
hearing will be held before the Surrogate
on april II as to why Mr.. Smith should not be
allowed to qualify. It is alleged that Smith had
been guilty Of conduct in the administration Of
the estate of Sarah NJ. Smith. his mother. which
was dishonest in that he forced his sisters to
take stock in the Garden City Company instead
of giving them $4,000 which rightfulIy belonged
TO them from the estate. Also, it is alleged that
he attempted to extort from the representa-
tives Of the Merrillon estate S21,5O0 as a condi-
ton for renouncing his right under the will to
the issue TO him of letters testamentary, and
that Smiths interests individually conflict with
and are adverse 10 the interests Of the legatees
under the will.
In an affidavit filed, with the objection by
Lorenzo Semple, Of Coudert Brothers, he swears
that Mrs. Merrton owned 300 acres Of unde-
veloped land known as Plain Lands near Gar
den City Nassau County, and that Smith has
per cent undivided interest in the lands: that
Smith, claiming to have the consent Of certain
tenants of the land erected a dwelling house
and outbuildings and lived there for two years;
that the tract occupied by Smith contained
about two hundred acres and was located oppo-
site the Meadow Brook Hunt Club; that Mrs.
MerrilOn, some time before her death, refused
the request Of Smith to execute a deed. to-
gether with all the other tenants IN common.
vesting title 10 the lands in him in lieu Of his
undivided interest OF price Of 5000 an acre, on
the ground that she never consented to the cree
ton Of the houses or occupation of the land
by Smith. and that the land was worth at least
$500: that the land is now the subject of parti-
ton suit; that Smith IS endeavortng 10 have the
land set apart TO him at an inadequate price,
and has asked a large sum Of money as the value
of improvements which he alleges to have made
on the land; that, therefore, his interest and
duties If he were allowed TO qualify as eX-
ecutor, would him to insist that the
lands should be taken at as high valuation
as possible and improvements allowed for at as
low a valuation as possible. which are diametri-
caIlv adverse TO the interests Of the legatees
of the estate
Sen1pIe further alleges that after the death Of
Mrs Merrillon Joseph Merrillon, who IS living
in France. requested Smith. who also was there.
TO renounce his right to letters testamentary;
that shortly after Roswell w. Keene, counsel
for Smith. called on semple, and after asking
the amount of the personal estate, which was
about $4,000. told him that Smith would re-
nounce his right for $4,000; that about two
months ago Smith visited SempIe and offered to
take $4,000, and sempls told him 1t was black
mail. but Smith replied, You cannot prove it,
semple alleges that he sent for Smith on Feb
ruar1, 26 and told him that the husband was
7-i11fns 70 nav $4,000 and then Smith raised it
"a $4,000. and when that was acceptable he
requested 81, 800 more for fees senple said he
refused this last request, and would have moth
ing more TO do with Smith.