The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-01
LAWTON IN A SANITARIUM.
But THE LAWYERS VINO WANT
HIM CAN'T FIND OFT WHERE.
He Loses Ills Place AZ President o. a Guar
anty Company Talk OF Criminal Pro-
cecoinss Against Him New Civil Suits
Begun 90 Recover Estate Funds.

Friends of NewburyD d. Lawton, the lawyer
who has been Earnestly sought for by at
torneys representing the heirs Of various
estates of which he is either executor or
trustee. said yesterday that he had retired
to a private sanitarium. His health had
given way under the stress Of pressing
business affairs. Lawton's friends explained,
and when he left his home in New Rochelle
on Wednesday. ostensibly to spend the
Thanksgiving out OF town, il was to go
under a doctors care.
Those speaking for Mr.. Lawton would not
say where he had gone. They did not know
when he would return to take up his busi-
ness affairs in New York. His home in New
Rochelle is still being kept open by the
servants, but they reported last night that
Mr.. and Mrs. Lawton had not returned.
They professed ignorance OF the where
abouts of either of them.
In the absence Of Mr.. Lawton some i'm
portant changes in his business affairs are
in progress. Yesterday morning il was
announced by the Lawyers Title and Guar
anty Company Of White Plains that Mr..
Lawton. formerly the president Of the con-
Germ, had been succeeded by Clarence s..
Mcclellan, president Of the First National
Bank Of that place. Mr.. Mcclellan had been
vice-president of the company. John f.
Lambden will succeed Mcclellan as vice.
president.
The lawyers representing the heirs who
have been seeking an accounting of their
estates from Mr.. Lawton spent yesterday
in trying to get some clue to his where
abouts. Henry W. Baird, Mr.. Lawton's at
torney. could not be found yesterday at
HIS Offices, 20 Broad street. In his alb
sence and because Of the dearth of any
information as to where Mr.. Lawton is at
present the lawyers were forced to bide
their time and wait developments.
The impression prevails among all of the
attorneys who have been seeking to get an
accounting from Mr.. Lawton, as executor
Of the a Woolley and the Mary D. Smith
estates and as legal agent for the heirs to the
Harriet Smith legacy, that some criminal
proceedings will he lodged against him.
1t was said yesterday by two OF the inter-
ested counsel that they were waiting to see
the results Of the charges against Mr.. Law
ton before taking action themselves.
A new move was made in the civil courts
Yesterday by A. W. Seaman, representing
d. Edgar Smith of Brooklyn. who is CO.
executor with Lawton of the Mary d. Smith
estate and chief beneficiary under the will.
Seaman went before Surrogate jackson
OF Nassau county and filed notice Of the
tendency OF a suit against Lawton to pre-
vent him from assigning his interest in a
mortgage made on behalf of the estate
to a third party before the heirs can show
that they have a first lien on it.
Mr.. Seaman said yesterday that his action
had been forced by what seemed to nave
been an i%rregularity practised by Mr..
Lawton in the exercise OF his powers "a
manager Of the Mary D.. Smith estate.
Prior to 1899 Mrs. Smith held a mortgage
on some Lakeville property, said Mr.. Sea-
man yesterday in explanation OF his action.
in 1901 Lawton, who was Mrs. Smiths
adviser at the time, took a mortgage from
the owner OF this property for $500, doing
so in his own name. The year following
a foreclosure wa brought on the first
mortgage and the property was bought in
by Mrs. Smith. But Lawton did not make
himself a party to the suit.
in September Of 1902, after Mrs. Smith
death and when Lawton was acting as an
executor of her estate. this Lakeville
property was sold, the estate taking back
m part payment a 5000 mortgage. Since
Lawton was acting as the attorney for Mrs.
Smith when he himself forced a foreclosure,
yet did not make himself a party to the
suit. he was guilty either Of a serious mis-
take or Of deceit.
"In law Lawton's claim on this property
may nave a superior lien. but in equity
il cannot, because Of the fact that he did
not appear in the original foreclosure pro-
ceedings. The action that l purpose TAX
ing is one to have the mortgage taken back
by the executors OF the Smith estate and
declared a first lien on the property
Asa A. Spear, attorney for the bene-
~iciaries under the Harriet Smith legacy,
with whom Mr.. Lawton tried to make a
settlement by the transference o, his
property in New Rochelle in default of
securities held by him, said yesterday that
he had not looked up the title to the New
Rochelle nome and consequently could
not be sure at how much the transfer of that
property by Lawton could be Tailed up
as restitution for the securities. Lawyers
interested in the affairs OF the various
claimants against the missing man said
yesterday that Lawton had no power to
give over his house and grounds on Wild
Shhi eiiIt W thC n VI LEW bOu
his mother, he was to nave only a life pos
session Of the property and that his children
were the heirs.
G. W. Eastman Of BIT Broadway said
yesterday that Mrs. Margaret Cozert and
Mrs. TOmpkins, two heirs of the Woolley
estate. nave already lost $40 900 each. The
lawyer added that he could not be certain
that this sum would be all that they have
lost until a final accounting is made.
William d. Veeder, counsel for Mary L.
Conklin, Fannie n. Conklin and Alfred
Davidson, all legatees under the Woolley
will, secured yesterday from Surrogate
Jackson OF Nassau county an order direct
ing Iawton as executor OF the estate TO
pay to each Of these heirs their respective
legacies OF s24 .4iO.
Mr.. Veeder has filed a Judgment in the
Nassau County Clerks Office and has an
nounced his intention OF bringing bank
ruptcy proceedings against Mr.. Lawton
IL he does not Immediately answer the
0rder of SurrOUata Jnckaon isataJ voatar-