New-York tribune., 1911-01-15
WARD HEIRS LOSE POINT
Must Specify as to Amount Paid
by Chinese Government.
NOTED LITIGATION UP AGAIN
Papers in Lawton Suit Recount
Valor of American General
in Revolt of 1860.

| The Appellate Division Of the Supreme
Court gave a decision yesterday adverse 10
! the heirs OF General Frederick T. Ward.
the American soldier OF fortune. who leo
/ the Chinese army in the suppression OF the
Tai-Ping rebellion In 1850. and In favor OF
| the heirs of Cyrus Lawton, who nave
claim for $1,000 against the Ward estate
representing part OF the money paid by
the Chinese government to the heirs or
General Ward
| Some OF the valiant deeds OF the Amerl-
can leader Of the lever victorious army
are retold In the papers In the case, which
also recount the honors paid to General
Ward and the long negotiations that were
necessary before the Chinese government
paid the money that was due TO the heirs
OF the general.
The decision Of the court was on the pc
ti;ion of Newbury Lawton. as executor OF
the estate of Cyrus Lawton, a New York
lawyer. to-recoyer the $4,000 said to be due
the estate. and which the latter has tried
for forty years to collect. The petitioner
asked for an accounting from Mrs. Georgi-
anna Amidon, as executrtx of the estate
of her husband Henry g. Ward. The lat-
ter was a brother Of General Ward, ana
bought the share OF mis- mother and sister
in the estate OF General Ward. This es-
tate consisted entirely OF the claim against
the Chinese government
Lawton was the attorney for Henry u
Ward and based his claim on paragraph
in the latter's will, which said: 81 give
ard bequeath TO my friend. Cyrus Lawton,
10 per cent Of all moneys hereafter re-
ceved from China belonging TO ME, in lieu
of all charges made in obtaining the same
from my late brothers estate"
Settlement Delayed Many Years.
1t was many years before the estate OF
General Ward succeeded in getting a set
tlement from the Chinese government. The
latter denied responsibility. placing the
debt on the Tao-Tai of Shanghai province
as a personal obligation for the putting
down of the rebellion. Not until 1902, and
then only after the active interest of the
State Department and the efforts OF the
late Edwin H. Conger. American Minister
az Peking, was a settlement obtained, Mrs
Amidon receiving S3GS,-37 out Of the Boxer
indemnity fund.
The money was paid in five instalments.
The Pekng government had a counter
claim against Henry o. Ward for an unex-
pended remainder from 10000 sent to him
to buy gunboats and ammunition to put
down the rebellion. This counter claim
was deducted from the money paid to Mrs
Amidon.
Mrs. Amidon made a general denial OF
the Lawton claim. The Surrogate ordered
her to give an account The case went to
the Court OF Appeals, and was referred
back to the Surrosates Court for final de-
termination. Surrogate Thomas ordered an
accounting from which decision Mrs. Ami
don appealed In the decision yesterday
the Appellate Division upheld the Surro-
gate. and Mrs Amidon must now file her
account.
The executrix applied for permission TO
file an amended answer. declaring that the
provision giving Lawton 10 per cent OF the
claim was obtained by fraud and artihce,
and that Lawton never rendered any SER
vice with regard to the settlement OF tho
claim against the Chinese government.
This application was denied.