The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1917-01-30
CoIlrt Affairs.

@0aAt AAeAA -
Judge Lippincott sentenced one
prisoner on Thursday. He wal
Nathaniel Luce, who was detected in
robbing stores at Palmyra. The
prisoner was shot by the constable
making the arrest and was taken tc
Cooper hospital from which institution
he escaped. He was afterwards located
in New York and was brought tc
Mount Holly. Judge Lippincott sent
him to the state prison for from one tc
three years.
THE MCHENRY CASE
I Just as it was supposed that every.
thing was all right and the sale of per
sonal property of the late Eliza C. Nc
Henry had been advertised for Thurs.
day, there was halt in the proceed
lings. On Wednesday, John B. Davis,
treasurer OF the Farmers Trust Com.
Ipany, which is the executor of the
estate was served with q notice that an
appeal would be taken from the de-
cision of the surrogate in probating the
will and that the matter would be
heard on Thursday morning. James
Mercer Davis was in charge of the
matter, but was unable to be present
SO he sent Charles Atkinson to look
after the case. The appeal showed
that some relatives are living, they be-
ing Robert d. Shreve, OF Kansas City,
Mo-; Ellen A Shreve, of Philadelphia;
John A. Sheve. Gretchen and Shreye
Guthrie, of Port Gibson, Mississippi.
They are cousins of the deceased.
They set up the reasons for the appeal
to be that action on it was erroneous,
illegal and improper, that at the time
of the supposed execution of the will
and for long time prior to that period
Miss McHenry was of unsound mind
and incapable of disposing Of her pro-
perty; that the paper was not properly
executed, that there was undue in
fiuence ia its preparation and that, at
/ the time of making the will, Miss Nc
Henry had illusions that she did not
have any heirs at law. This latter al
legation would not seem to be so much
of an illusion when there does not
seem to be any indications that any of
the relatives who are now trying to
show the things suggested took any
interest in the deceased or tried to aid
her in taking care Of her property.
: In addition to the appeal there was
an application to have an adnninistra-
tor appointed to take charge of the
effects Of the deceased pending any liti-
CATION on the ground that there is
enough in the hands OF the executor to
pay all the debts and that there are
family heirlooms that need protection
because the heirs that have so sudden
lyIcoma to the front think that the ar.
ticles are of more value to them than
to any one not interested. There was
also request that an order be issued
restraining the executor from selling
the personal property, but Judge Lip
pincott denied both of these motions,
saying that the executor is fully re-
sponsible and that its own judgment
might be used in the matter of MAX
ing any action pending litigation.
The articles that were advertised for
sale had been taken to the banquet
room OF the Masonic temple and were
arranged for examination by prospec-
tive purchasers. While Judge Lippin-
colt had decided that the executor
would be justified in going on with the
sale the latter decided not to take any
chances and the sale was postponed
until something else develops. The
appeal is one made on general priHci-
pies. There has not been anything
shown to prove that those who have
applied for discontinuance OF the pro-
ceedings know what are in the possess
sion of the executor. Intact it looks as If
the suddenly interested relatives are
those who are suffering from illusions
and think there is lot OF money and
property at stake. Mr.. Atkinson, the
lawyer who was in charge Of the petit
ton, said the claim came from the
relatives in the west. When he was
told, in court, what the estate amount
ed to, and that there would not be
more than enough to pay the debts OF
the deceased, he was much surprised
and he did not hesitate to say that
when the western lawyers were notified
of the exact situation the appeal would
be Withdrawn. Just the same the pro-
ceedings go to show what trouble can
be made by somebody who seems to
think there are millions in it." IN
less the appeal is withdrawn it will be
heard on the first of March.