New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-11-09
Surrogate Commands Former
Appraiser of Port to Explain
Acts as Executor OF
Huber Estate.
WIDOW, AS HEIR, ACCUSES
Saws Well Known Lawyer, to
Whose Care Husband Gave
the Property, Has Ceased
to Pay Income, on Which
She Is Dependent.

Donald Mclean, a well known law
yer. former Appraiser of the Port ol
New York, whose wife has seNerd'
times been elected president general vi
the Daughters of the American ReVo-
,ution. was ordered by Surrogate Fow-
Ter Yesterday t. appear in the Surro-
gates Court on Tuesday and snow
cause why he should not be directed 10
turn over certain money which II IL
alleged has come into his possession as
one of the executors of the estate Oh
Henry Huber, who died on March D.
1893.
Mrs. Amalia Huber, of No. 4l1O Car
penter avenue. The Bronx, widow or
the testator, on whose application 'he
order was issued said that the actions
of the executor over long period OF
wears lead deponent to believe that ne
has misappropriated the funds or the
estate, and if such is the fact deponent
is left without means of support. Mrs.
Huber told in her petition how she mad
unsuccessfully tried for twenty years
until last July to obtain an accounting
from Mr.. Mclean as executor.
Mr.. Huber appointed Adam Niedlin-
ger as executor with Mr.. Mclean ana
on the death of Mr.. Niedlinger Mr.. NC
Lean continued as surviving executor.
The testator provided in his VII mat
his wife should receive $1,000 year
income from his estate.
Mrs. Huber, who is more than sixty
wears old, said that for the last Re"
months she had not received the IN
come from Y, estate, and that she IS
entirely dependent on it for her main
tenance. She says that since the pay
ment of the income ceased she mas had
to depend on the support of her chill
dren and of friends. She said also that
the taxes on her property have oeen
permitted to accumulate until the city
sold her modest" home under tax
sale.
Mrs. Huber said that she understood
that Niedlinger never had active man
agement of the estate of her husband,
which was managed by Mr.. Mclean.
He always paid such income as she
received. For the first few years after
the death of Mr.. Huber this income
amounted to 500 q week, then 500
week, finally being reduced to $50
week. Mrs. Huber said that she had
made several efforts to get from the
executor a statement Of the estate
moneys in his hands, but that he al
ways neglected and refused to give
such statement or indicate in what
manner the property was invested.
Invariably" said Mrs Huber,
whenever deponent would call upon
him Donald Mclean would plead sorae
excuse, that he had to go to court, that
he was obliged to catch a train. that
he was going into the country for
rest and other excuses, and the result
always was that he was too busy to
talk TO deponent in regard to any mat
ters relating to the estate whenever de-
ponent called on him." The answers
TO her letters, said the widow, were
evasive.
Unable to get the desired accounting.
Mrs. Huber got an order for a compul-
sorry accounting, which was filed on
July % last. In this report Mr.. Nc
Lean said that he had originally re-
ceived S20,5OO and had on hand SlO.-
443, with which he charged himself.
The dependent widow had bought
small house in The Bronx. Mr.. Nc
Lean had done the necessary legal work
in connection with the purchase, and
she asked him to pay the taxes on the
property from the estate of her nus
band. She never could learn from MIN
whether he was paying the taxes, but
she asserts that the clerks in his office
assured Mrs. Huber that everything
was all right" and she had no cause TO
worry. Then last summer Mrs. Huber
learned from the Tax Department that
her property was 10 be sold in July
for the non-payment Of $1,1OO in taxes
and water rents.
Mrs. Huber said in her affidavit:
"Deponent has not the heart TO inquire
whether the sale actually took place.
but believes that the property has al
ready been sold for unpaid taxes" Mrs.
Huber said she has no means with
which to redeem her house If 1t has
been sold.
Mrs. Huber now asks that Mr.. Nc
Lean be ordered TO pay over to the
Surrogates' Court the SlO.443 with
which he charged himself in his &C
counting.
At the home Of Mr.. Mclean it was
said last evening that ne was out of the
city.