NAWSA Subject File Leslie Woman Suffrage Commission - Litigation Surrogates’ Court New York County In the Matter of the Judicial Settlement of the Account of Proceedings of LOUIS H. CRAMER and WILLIAM NELSON CROMWELL, as Executors of the Last Will and Testament -of- Frank Leslie, Deceased. FINAL ACCOUNT OF PROCEEDINGS. Dated, August 9, 1922 EDGAR T. BRACKETT Attorney for the L.H. CRAMER, EXECUTOR TOWN HALL SARATOGA SPRINGS N.Y. SULLIVAN & CROMWELL, Attorneys for William Nelson Cromwell, Executor 49 Wall Street New York City. SURROGATES’ COURT NEW YORK COUNTY In the Matter of the Judicial Settlement of the Account if proceedings of LOUIS H. CRAMER and WILLIAM NELSON CROMWELL as Executors of the Last Will and Testament -of- Frank Leslie, Deceased. To the SURROGATES’ COURT OF THE COUNTY OF NEW YORK: We, LOUIS H. CRAMER, of Saratoga Springs, New York, and WILLIAM NELSON CROMWELL of 12 West 49th Street, Borough of Manhattan, City, County, and State of New York, do render the following account of our proceedings as Executors of Frank Leslie, deceased: Heretofore we duly filed an account of our proceedings dated December 4th, 1915. Certain objections were filled thereto. The issues raised by these objections and by the claims of creditors filed and rejected were tried and a decree was duly entered herein dated the 24th day of July, 1917, judicially settling the account as filed, by the summary statement of said decree said executors were charged with the balance then on hand of One Hundred seventy seven thousand, three hundred eighty-seven Dollars and sixty-six cents ($177,387.66) SCHEDULE A, hereto annexed, contains a statement of all the property in our hands as such Executors on July 31,1918 as appears by said account as so judicially settled and allowed, sold by us at public or private sale, with the prices and manner of sale; which sales were fairly mady by us at the best prices that could then be had, with due diligence, as we then believed; it also contains a statement of all the debts due the said estate asof July 31, 1918, which have been collected, and also all other moneys received by us from the principal of the estate for which we are legally accountable. SCHEDULE AA, hereto annexed, contains a statement of all interest or other income received by us since July 31, 1918, for which we are legally accountable. SCHEDULE B, hereto annexed, contains a statement of all debts constituting a part of the assets of the estate as of July 31, 1918, not collected or collectible by us together with the reasons why the same have not been collected and are collectible; and also a statement of the articles of personal property in our hands as such Executors on July 31, 1918, as appears by said account as so judicially settled and allowed, unsold, and the reasons of the same being unsold, and their appraised value; and also a statement of all such property lost by accident, without any wilful default or negligence, the cause of its loss and appraised value. No other assets than those in our Inventory, or herein set forth are mentioned in our said account dated July 31, 1918, have come to our possession or knowledge, and all the increase or decrease in the -2- value of any assets of said deceased is allowed or charged in said schedules AA, and B. SCHEDULE C, hereto annexed, contains a statement of all moneys paid by us for funeral and other necessary expenses for said estate, together with the reasons and object of such expenditure since the 31st day of July, 1918. SCHEDULE D, hereto annexed, contains a statement of all the claims of creditors presented to and allowed by us or disputed by us or for which judgement or decree has been rendered against us together with the names of the claimants, the general nature of the claim, its amount, and the time of the rendition of the judgement; it also contains a statement of all moneys paid by us to the creditors of the deceased, and their names, and the time of such payment, since July 31, 1918. SCHEDULE E, hereto annexed, contains a statement of all moneys paid to the legatees or next of kin of the deceased, since July 31, 1918. SCHEDULE F, hereto annexed, contains the names of all persons now entitled as legatee or next of kin of the deceased, to a share of the estate, or fund, with their Post Office addresses, degree of relationship, and a statement of which of them are minors and whether they have any father, mother or guardian, and if so, their names and Post Office addresses to the best of our knowledge, information and belief, also the names and addresses of all creditors who have presented claims and whose claims have been disallowed by the Executors, since the 31st day of July, 1918. SCHEDULE G, hereto annexed, contains a statement of all other facts affecting our administration of said -3- estate or fund, our rights and those of others interested therein. SUMMARY STATEMENT We Charge Ourselves as follows:- Balance in our hands, July 31, 1912[*8*] $ 177,387.66 Income, Schedule AA 33,685.95 ——————— $ 211,073.61 We Credit Ourselves as follows:- Decrease, Schedule A 2,758.11 [*leasehold del'd to [?]*] Amount Schedule B 2,997.51 Adm Expenses Amount Schedule C 80,170.19 [*Debts & claims paid*] Amount Schedule D 58,241.60 [*Payments to legatees*] Amount Schedule E 36,538.12 180,705.54 ——————————————— Balance for distribution, after $ 30,568.07 payment of commissions and expenses of this accounting Louis H Cramer W. Nelson Cromwell Executors. -4- Schedule A Principal Collected Decrease Inventory Amount Value __________________________________________ Aug.1,1918 Proceeds of Syracuse (dec) to Lake Shore & Nor R.R. 2657.50 8600. 5942.50 Aug.29,1918 Bonds Apr. 18,1919 Bal. London Westminster Bank 100.61 475.20 374.59 May 30, 1919 Louis Tamis, Mtg. 1000. 1000. June 24, 1922 " " " 3000. 3000. ________________________________________ 2758.11 13075.20 10317.09 Schedule AA Aug.2,1918 Interest Metropolitan Trust Co. 46.77 Aug.13 " " Syracuse Lake Shore Bonds 14.03 Aug.17 " " " " " " 58.33 Aug.29 " " " " " " 65.00 Aug.31 " " " " " " 12.22 Sept.19 " " on Liberty Bonds 372.50 Sept.25 " " " Exchange of Liberty Bonds 4 1/4's for 4's 230.55 Sept.4 " " from Metropolitan Trust Co. to August 27th 41.01 Oct.1 " " from Metropolitan Trust Co. 29.34 Oct.1 " " " Adirondack Trust Co. 129.73 Nov.23 " " Executors costs Court of Appeals 27.50 Dec.25 " " on Tamis Mortgage 100.00 Jan.1,1919 " from Adirondack Trust Co. 131.02 Jan.20 " " on U.S. Ctfs. 1491.78 March 15 " " on Liberty Bonds 1062.50 Louis H Cramer ---------------------------- William Nelson Cromwell ---------------------------- Executors SCHEDULE AA. continued. [*615119 8*] May 30, 1919 Interest on Tamis Mortgage 100.00 June 19 " Difference in interest in exchange of U.S. short term ctfs 332.88 July 1 " Interest from Adirondack Trust Co. 276.61 July 12 " " U.S. Short term ctfs. 1701.37 Sept. 15 " " on Liberty Bonds 1062.50 Oct. 1 " " from Adirondack Trust Co. 145.72 Dec. 1 " " on Tamis Mortgage 75.00 Dec. 15 " " U.S. Certificates 2058.90 Jan. 28, 1920 Difference of interest for maturing 100000 U.S.Ctfs. 4 1/2's and the purchase of the same amount of 4 3/4's which matured Dec.15, 1920 204.14 Jan. 1 " Interest from Adirondack Trust Co. 227.79 March 8, 1920 Interest from L.H.Cramer on contract with Mrs. Catt from Oct.10,1917 to Oct.10, 1919 1773.12 [*C*] March 15 " Liberty Bond Coupon 1062.50 April 10 " Interest from L.H.Cramer on Mrs. Catt contract to date 443.28 [*C*] April 1 " Interest from Adirondack Trust Co. 222.67 May 28 " " on Tamis Mortgage 75.00 June 15 " " U.S. Ctfs. 2141.39 July 1 " " from Adirondack Trust Co. 256.14 Sept.15 " " " Liberty Bonds 1062.50 Oct. 10 " " " L.H.Cramer, On Mrs. Catt contract 443.28 [*C*] Oct. 1 " " from Adirondack Trust Co 77.36 Dec. 1 " " " Tamis Mortgage 75.00 Dec. 15 " " " U.S. ctfs. 2375.00 April 10, 1921 " " L.H.Cramer on Mrs. Catt contract 443.28 [*C*] April 1 " " from Adirondack Trust Co. 48.42 June 1 " " " Tamis Mortgage 75.00 June 15 " " " Coupons 4662.50 SCHEDULE AA. continued. [*? 109 7*] July 1, 1921 Interest from Adirondack Trust Co. 46.92 Sept.15 " " " Liberty Bonds and Ctfs. 1471.25 Sept.15 " " " " " " " 127.50 Oct. 10 " " " L. H. Cramer on Mrs. Catt Contract 443.28 [*C*] Oct. 10 " Interest from Adirondack Trust Co. 85.26 Dec. 7 " " on Tamis Mortgage 75.00 Dec. 15 " " " U.S. Ctfs. 3000.00 Dec. 21 " " from Adirondack Trust Co. 298.90 Dec. 31 " " L.H. Cramer, balance interest on Mrs. Catt contract 123.93 [*C*] Feb. 1, 1922 Interest from Adirondack Trust Co. 75.56 April 14, 1922 Interest Coupons 913.75 " 1 " Interest Adirondack Trust Company 17.38 June 2, " " Tamis Mortgage 75.00 June 9 " " U.S. Ctfs. 495.83 June 9 " " Liberty Bonds 924.73 Jan. 13 " Premium on Sale of $10,000 U.S. ctfs. 6.25 Jan. 13 " Interest on Sale of " " " 33.38 June 2 " Premium on sale of $42,500. U.S. ctfs. 199.22 June 2 " " " " " $50,000. Lib. Bonds 10.00 June 24 " Interest on Tamis Mortgage 8.50 July 1 " " from Adirondack Trust Co. 20.58 ------------------ $33, 685.95 Louis H Cramer W Nelson Cromwell Executors SCHEDULE B Property Unsold, Delivered to Mrs. Carrie C. Catt as Residuary Legatee, at nominal value of one dollar on July 26, 1922. Appraised Value Certificate of Deposit for $3500. Danville & Bloomberg St. R.R. Co., 1st mortgage 5% bonds 2508.26 $40,000. Chicago, Rock Island & Pac. Coll. 4's due Nov. 1, 2002 Four Hundred (400) shares common stock of The Rock Island Company Two hundred seventy-nine (279) shares Rock Island Company pfd. 488.25 Forty (40) Shares Stock, Shamokin & Edgewood Elec. Ry. Co. 2.00 ------------- $ 2998.51 Less nominal value charged Mrs. Catt (See schedule E) 1.00 -------------- $ 2997.51 Louis H. Cramer Wm Nelson Cromwell Executors SCHEDULE C. Administration Expenses Sept. 16, 1918 Paid Interest on purchase of $100,000 [* 56 850*] U.S Short term Ctfs. 25.00 Nov. 15 '' Paid Sullivan & Cromwell, disbs 563.41 * Nov. 15 " " Ernst & Ernst for accounting 762.75 Nov. 21 " " Gregory & Wrenn Court of Appeals costs 12.00 " " " " Executors Court of Appeals costs 27.50 Nov. 22 " " Ernst & Ernst, for interest computation 550.00 Nov. 29 " " Adirondack Trust Co. box rent 5.00 Feb. 7, 1919 " " " " insurance and postage on U.S.Ctfs. 5.16 Apr.21 " " Sullivan & Cromwell, disbs 445.24 * " " " " L. H. Cramer, disbs 10.86 " 24 " " E. T. Brackett, disbs. 364.14 * " " " " New York Tax Cromwell 116.00 June 20, 1919 " Ins. on U.S.Ctfs. to New York 5.00 " 21 " " Boyninege & Gerber, stenographers 977.15 July 25 " " Ins. on U.S.Ctfs 5.00 Jan. 28,1920 " Interest Adjustment in purchase of U.S.Ctfs. 36.89 " " " " Insurance on Ctfs. two ways 10.00 March 6 " " Boyninger & Gerber 72.10 March 6 " " L. H. Cremer, disbs 11.00 April 10 " " Additional Income Taxes for 1914-15-16 804.24 June 10 " " L. M. Jones-Commission on sale of real Estate (Totten property,Saratoga ) 104.25 July 21 " " E. T. Brackett, disbursements 981.70 * SCHEDULE C. continued Oct. 9, 1920 Paid stillm an Appellate Ptg.Co. 189.50 Dec. 10 " " Box rent, Adirondack Trust Co. 5.00 Dec. 20 " " Sullivan & Cromwell disbs. 1138.18 Dec. 29 " " Stillman Ptg. Co. 91.50 Dec. 23 " " Six days interest on U.S.Ctfs. 98.83 Dec. 23 " " Insurance and express on Ctfs. 8.16 Jan. 13, 1921 " Judge Hatch, Referee's Fees 5079.35 Feb. 1 " " Ernst & Ernst accountants 100.00 Feb. 5 " " Evening Post Ptg. Co. 85.50 March 28, 1921 " E.T. Brackett, disbs. 431.01 April 14 " " N.Y. State Income Tax 25.94 " 11 " " Adams & Chambers 243.60 " 14 " " C.F.Murphy, Jr., appeal bond simons case 600.00 July 18 " " Stillman Ptg. Co. 318.00 Dec.9 " " " " " 22.50 Dec.10 " " L.H.Cramer, disbs. 17.20 Dec.26 " " E.T.Brackett, services 1500.00 " " " " Sullivan & Cromwell, services 1500.00 Dec.29 " " L.H. Cramer acct. Commissions 1961.01 " " " " Wm. N. Cromwell, " 19692.23 " " " " Boyninger & Gerber, stenographers 2754.80 Dec.13 " " Insurance and Express on Ctfs. 5.14 March 20, 1922 " State Income Tax 7.16 April 20 " " E.T. Brackett, disbs 191.10 April 27 " " Am. Audit Co. 310.00 May 13, " " Sullivan & Cromwell, dsibs. 705.38 June 9 " " Com. on sale of $42,500 U.S. Ctfs. 26.56 " " " " Ins.& Postage " " " " 2.32 " " " " Com. on sale of $50,000 " " 31.25 " " " " Ins. & Postage 2.67 SCHEDULE C. Continued Jan. 13, 1922 Paid Com. on sale $10,000 U.S. Ctfs. 12.50 July 1 " " Stillman Printing Co. 61.20 Aug. " " Sullivan & Cromwell, services and disbursements 5017.61 Aug. " " Edgar T. Brackett, services and disbursements 5040.60 ----------------- $ 80,170.19 Louis H Cramer Wm. Nelson Cromwell Executors SCHEDULE D. Debts and Claims Paid Apr. 10, 1920 Costs paid Attorney Foster in Simons case $897.05 June 22. 1922 Judgment of Annie S. Simons vs. Executors entered in U.S. District Court for Southern District of New York, Apr. 7, 1921 57844.55 58241.60 SCHEDULE E Payments to Legatees Aug. 10, 1918 Paid Mrs. R. Simons, int. on legacy 74.75 Dec. 29, 1921 " C.H.Wrenn, on acct. decree 8000.00 " " " " C. C. Catt, decree 15000.00 Jan. 5, 1922 " C.H. Wrenn 13462.38 July 26, 1922 Delivered to Mrs. Catt sundry securities (See Schedule B) 1.00 36538.13 Louis H. Cramer William Nelson Cromwell Executors SCHEDULE F Persons Interested in the Estate. NAME Mrs. Carrie Chapman Catt RELATIONSHIP INTEREST No relationship, Residuary Legatee POST OFFICE ADDRESS 2 West 86th Street Borough of Manhattan, New York City SCHEDULE G State of Other Facts Affecting the Administration of the Estate. All claims against the estate, known to the executors, have been finally disposed of. The action brought by ANNIS S. SIMONS against the executors in the U.S. District Court for the Southern District of New York, has been concluded by a judgment in favor of Mrs. Simons and paid as appears in Schedule D. Louis H. Cramer William Nelson Cromwell Executors In the Matter of the Judicial Settlement of the Account of Proceedings of LOUIS H. CRAMER and WILLIAM NELSON CROMWELL, as Executors, of FRANK LESLIE, deceased. COUNTY OF SARATOGA, SS. : LOUIS H. CRAMER, as Executor of Frank Leslie, deceased, being duly sworn, says that the charges made in the foregoing account of proceedings and schedules annexed, for moneys paid by the Executors to creditors, legatees and next of kin, and for necessary expenses, are correct, that the Executors have been charged therein all the interest for moneys received by them and embraced in said account for which they are legally accountable; that the moneys stated in said account as collected were all that were collectible, according to the best of my knowledge, information and belief; that the allowances in said decrease un value of any assets, and charges therein, for the increase in such value, are correctly made; and that I do not know of any error in said account or anything omitted therefrom, which may in any wise prejudice the rights of any party interested in said estate or fund; and that said account contains, to the best of knowledge and belief, a full and true statement of all my receipts and disbursements on account of said estate or fund, and of all money and other property belonging to said estate or fund which have come into the hands of the Executors or which have been received by any other person for them or by them or by order or authority for their use, and that I do not know of any error or omission in the account to the prejudice of any creditor of or person interested in said estate or fund. Sworn to before me, this 9th day of August 1922 E. Raymond Shepard Louis H Cramer Notary Public Ny commission apiro mch 30 / 1924 In the Matter of the Judicial Settlement of the Account of Proceedings of LOUIS H. CRAMER and WILLIAM NELSON CROMWELL, as Executors -of- FRANK LESLIE, Deceased. STATE OF NEW YORK, SS: CITY AND COUNTY OF NEW YORK, WILLIAM NELSON CROMWELL, as executor of Frank Leslie, deceased, being duly sworn, says that the charges made in the foregoing account of proceedings and schedules annexed, for moneys paid by the executors to creditors, legatees and next of kin, and for necessary expenses, are correct, that the executors have been charged therein all the interest for moneys received by them and embraced in said account, for which they are legally accountable; that the moneys stated in said account as collected were all that were collectible, according to the best of my knowledge, information and belief; that the allowances in said decrease in value of any assets, and charges therein, for the increase in such value, are correctly made; and that I do not know of any error in said account or anything omitted therefrom which may in any wise prejudice the rights of any party interested in said estate or fund; and that said account contains, to the best of my knowledge and belief, a full and true statement of all receipts and disbursements on account of said estate or fund, and of all money and other property belonging to said estate or fund which have come into the hands of the Executors or which have been received by any other person for them or by them by order or authority for their use, and that I do not know of any error or omission in the account to the prejudice of any creditor of or person interested in said estate or fund. Sworn to before me, this 18th day of August 1922 William Nelson Cromwell Alberts Radley, Notary Publick SURROGATES' COURT County of New York In the Matter of the Judicial Settlement of the Account of Proceedings of LOUIS H. CRAMER and WILLIAM NELSON CROMWELL, as Executors of the Last Will and Testament of FRANK LESLIE, Deceased. [ORIGINAL] Copy PETITION EDGAR T. BRACKETT Attorney for [the] Louis H. Cramer Executor Town Hall Saratoga Springs N.Y. SULLIVAN & CROMWELL Attorneys for William Nelson Cromwell, Executor, 49 Wall Street, New York City The Saratogian Print Fol : 1 SURROGATES' COURT- County of New York. ----------------------------------------------- In the Matter of the Judicial Settlement of the Account of Proceedings of LOUIS H. CRAMER and WILLIAM NELSON CROMWELL, as Executors of the Last Will and Testament -of- FRANK LESLIE, Deceased --------------------------------------------- To the Surrogates' Court of the County of New York; The petition of Louis H. Cramer, residing at Saratoga Springs, New York, and William Nelson Cromwell, residing at 12 West 49th Street, Borough of Manhattan, City, County and State of New York, respectfully states. 2 That letters testamentary under the last will and testament of Frank Leslie, deceased, who at the time of her death resided at the Sherman Square Hotel, City, County and State of New York, were granted to your petitioners by the Surrogate's Court of New York County, New York, on the seventh day of December, 1914. That more than one year has elapsed since the issuance of said letters testamentary, and that the time for presen- 3 tation of claims as fixed by a notice duly published, has ex- pired. That the names and Post-Office addressed of all creditors of the decedent and of all other necessary and proper parties to this proceeding are as follows: Name Relationship Post Office Address Carrie Chapman Catt none 2 West 86th Street Borough of Manhat- tan, City of New York. [*Fol. 4*] that the said Carrie Chapman Catt is the only person interested in this proceeding and she is of full age and sound mind. That your petitioners are desirous of rendering to said Surrogates' Court an account of their proceedings and therefore pray that their account be judicially settled and that said Carrie Chapman Catt and all necessary and proper persons be cited to show cause why such settlement should not be had and for such other and further relief as the Court may deem just and proper. Dated August 9th, 1922 Louis H. Cramer William Nelson Cromwell Executors STATE OF NEW YORK, SS: COUNTY OF SARATOGA, LOUIS H. CRAMER, being duly sworn, says that the foregoing petition by him subscribed is true to his own knowledge except as to the matters which are therein stated to be alleged on information and belief and as to those matters he believes it to be true. Louis H. Cramer Sworn to, before me, this 9th day of August, 1922 E. Raymond Shepard Notary Public My commission expires March 30, 1924 STATE OF NEW YORK, SS: CITY AND COUNTY OF NEW YORK, WILLIAM NELSON CROMWELL, being duly sworn, says that the foregoing petition by him subscribed, is true to his own knowledge except as to the matters which are therein stated to be alleged on information and belief, and as to those matters he believes it to be true. William Nelson Cromwell Sworn to, before me, this 18th day of August, 1922 Albert S. Ridley Notary Public etc SURROGATES' COURT-N.Y. COUNTY In the Matter of the Judicial Settlement of the Account of Proceedings of Louis H. CRamer and William Nelson Cromwell, as Executors of the Last Will and Testament of FRANK LESLIE, Deceased. [*Copy received Dec 1, 1921 [Allen S. Lawrence Atty for Carrie H Wrenn*] DECREE Due and timely service of is hereby admitted this day of 191 Atty's for HORACE E. PARKER, ATTORNEY FOR Carrie Chapman Catt No. 100 Broadway, Borough of Manhattan, New York City, N. Y. __________________Court _________________ Plaintiff against _________________Defendant Please take notice that______________ _________________ of which the annexed paper is a true copy was duly filed and entered with the clerk of this Court in the above entitled action on the ____________day of_____191 . Dated__________________ 191 . To_______________________________ Attorney for __________________________________ Attorney for _________________________________ 100 BROADWAY, Borough of Manhattan, NEW YORK CITY, N. Y. [*8*] [*Dec. 1st 1921 [*Fol. 1.*] SURROGATES' COURT, COUNTY OF NEW YORK. In the Matter of the Judicial Settlement of the Account of Proceedings of Louis H. Cramer and William Nelson Cromwell, as Executors of the Last Will and Testament of FRANK LESLIE, DECEASED. SIRS: PLEASE TAKE NOTICE That the Final Decree in [*2.*] the above entitled proceeding, of which the annexed is a true copy, was duly filed and entered with the Clerk of this Court in the above entitled proceeding on the 1st day of December, 1921. Dated, New York, December 1, 1921. HORACE E. PARKER, Attorney for Mrs. Carrie Chapman Catt, Office & P.O. Address, 100 Broadway Borough of Manhattan, New York City, N.Y. To: ALLEN S. WRENN, Esq., Attorney for Mrs. Carrie H. Wrenn, 115 Broadway, New York City, N.Y. SULLIVAN & CROMWELL, Esqs., [*3.*] Attorneys for William Nelson Cromwell, Executor, 49 Wall Street, New York City, N.Y. EDGAR T. BRACKETT, Esq., Attorney for Louis H. Cramer, Executor, Town Hall, Saratoga Springs, New York. Service of a copy of the within Decree and Notice of Entry thereof is hereby admitted this 1st day of December, 1921. Attorney for Mrs. Carrie H. Wrenn. Sullivan & Cromwell Attorney for William Nelson Cromwell, Executor. Edgar T. Brackett, Attorney for Louis H. Cramer, Executor. [*Fol. 1.*] At a Surrogates' Court in and for the County of New York at the Chambers of the Surrogate, in the Hall of Records, in the Borough of Manhattan, City of New York, on the 30th day of November, 1921. PRESENT: HON. JAMES A. FOLEY, Surrogate. In the Matter of the Judicial Settlement of the Account of Proceedings of Louis H. Cramer and William Nelson Cromwell, as Executors of the Last Will and Testament DECREE of [*2*] FRANK LESLIE, Deceased. Louis H. Cramer and William Nelson Cromwell, the executors of the last will and Testament of Frank Leslie, deceased, having heretofore made application to the Surrogates' Court of the County of New York for a judicial settlement of their account dated July 31, 1918, as such executors, and a citation having been thereupon issued, pursuant to statute, directed to all persons interested [*3*] in the estate of said deceased, citing and requiring them, and each of them, personally, to show cause before the Surrogates' Court of the said County of New York at the Hall of Records, in the County of New York, on the 7th day of January, 1919, why the account of said executors should not be judicially settled; and the said citation having been returned with proof of the due service thereof on Mrs. Carrie Chapman Catt, Mrs. Carrie H. Wrenn, Maynard D. Follin, Thomas A. Wrenn, Marie de Villeverde, and Mrs. Annie Simons, the persons therein named; and Louis H. -1- Cramer, one of the said executors, having appeared on the return day of said citation by Edgar T. Brackett, his attor- ney, and William Nelson Cromwell, the other of said execu- tors, having appeared on the return day of said citation by Sullivan & Cromwell, his attorneys; and the said executors having rendered their account, under oath, before the said Surrogates' Court, and the said account dated July 31, 1918, having been filed, together with the vouchers in support thereof; and the said Carrie Chapman Catt having appeared by Horace E. Parker, her attorney, and filed an answer and objections to the said account; and the said Carrie H. Wrenn having appeared by Allen S. Wrenn, her attorney, and filed an answer setting forth claims to interest on a trust fund created for her benefit in and by the last Will and Testament of said deceased, and to certain income earned upon a sum of money assigned to her by the said Carrie Chap- man Catt, residuary legatee, from the residuary estate; and the said Surrogates' Court having made an order dated the 16th day of January, 1919, referring the matter to Hon. Edward W. Hatch to inquire into the necessary jurisdictional facts, and to examine the said account and the said ob- jections and answer, and to hear and determine all questions arising upon the settlement of said account which the Surro- gate has power to determine, and to make report to the court; and the said referee having duly made his Report dated the 11th day of January, 1921, and filed in the of- fice of the Clerk of this Court on the 18th day of January 1921; and exceptions to the said Report of the said Referee having been filed by the said Carrie Chapman Catt on the 27th day of January, 1921; and a motion having been made by the said executors to confirm the said Referee's Report; and a motion having been made by the said Carrie Chapman Catt, to have the said report of the said Referee rejected in its entirety, and also asking for findings of fact and conclusions of law as requested by her of the said Referee, inso far as said facts and said conclusions of law were not found by the said Referee, and for a determination as to the amount to be paid to the sternographers on said reference, and said motions having come on the be heard together before this Court on the 1st day of March, 1921, said executors appearing by Edgar T. Brackett and Wilbur L. Cummings, their counsel, and the said Carrie Chapman Catt, appearing by Horace E. Parker, her attorney, and said Carrie H. Wrenn, appearing by Allen S. Wrenn, her attorney, and the Court, after due deliberation, having made and filed its decision on the said motions; it is on motion of the said attorneys for the said exectuors, ORDERED, ADJUDGED AND DECREED, that the said Report of the said Referee be, and the same is in all things confirmed as the decision of this Court, except that the Findings of Fact numbered 2 and 3 in said Report be and the same are modified so to read as follows: 2. That Edgar T. Brackett performed and rendered legal services for said executors concerning matters connected with the estate of said deceased, which were reasonably worth the sum of $75,000., up to July 31, 1918. 3. That Sullivan & Cromwell performed and rendered legal services for said executors concerning the matters connected with the estate of said deceased, which were reasonably worth the sum of $75,000., up to July 31, 1918. and except that Findings of Fact 104, 105, 106 and 107 are modified so as to read as follows: 104. That the net income of the estate between the 4th day of December, 1914 and the 29th day of January, 1917, is $152, 875.93 without making any deduction therefrom for personal taxes paid or for income earned upon the trust funds. 105. That the amount of personal taxes for the years 1915 and 1916, and the proportionate amount of such taxes for the year 1917 is $33,731.50. and the amount of the income earned by the trust funds is $7, 003.30. 106. That the net income after deducting payments for personal taxes and for the income earned by the trust funds is $112,141.13 for the period between December 4, 1914 and January 29, 1917. 107. That the rate of income earned by the estate for said period is 4.34 per centum. and except that Conclusions of Law numbers 12 and 13 in said report are modified so as to read as follows: 12. That under and by virtue of said decree the said Carrie H. Wrenn is entitled to receive as her share of the net income earned upon the residuary estate as therein provided the sum of $15,007.60. 13. That in addition to said sum of $15,007.60 said Carrie H. Wrenn is entitled to interest on said sum as follows: Interest on $14,952.15 thereof from January 29, 1917, at the rate of 4-1/3% Interest on $55.45 thereof from September 17, 1917, at the rate of 4-1/3%. And this proceeding having been duly adjpurned to this day, the said Surrogates' Court, after having examined the said account and vouchers, now here find the state and condition of the said account to be as stated and set forth in the following summary statement thereof, made by the said Surrogate as finally settled and adjusted by him, to be recorded with and taken to be part of the decree in this matter, to-wit: A summary statement of the account of Louis H. Cramer and William Nelson Cromwell, made by the Surrogate as finally settled and allowed: The said Executors are chargeable as follows: [*Fol. 13*] With balance on hand as of December 4, 1915 $1,748,550.94 Amount of increase as shown by Schedule A of the said account 24,326.70 Income as shown by Schedule AA of the said account 133,339.76 Other increases as shown by Schedule AAA of the said account 71,593.17 ---------------- Total amount with which said Executors are charged $1,977,810.57 Said Executors are credited By amount paid for funeral expenses [*14*] and other necessary expenses for said estate, as per Schedule C of the said account $361,111.60 By claims of creditors paid by them, as per Schedule D of the said account 63,220.41 By amounts paid to the legatees or next of kin of said deceased as per Schedule E of the said account 1,376,090.90 $1,800,422.91 ----------------------- --------------------- Leaving in the hands of the said executors $177,387.66 And it appearing that the said executors have fully accounted for all moneys and properties of the said deceased which have come into their hands as such executors [*15*] and their account having been finally adjusted by the said Surrogate, and a summary statement of the same having been made as above, and herewith recorded, it is hereby ORDERED, ADJUDGED AND DECREED that the said account be, and the same is hereby finally and judicially settled and allowed as filed; and it is further ORDERED, ADJUDGED AND DECREED that the said executors are hereby allowed full commissions on all sums received and disbursed by them up to July 31, 1918, the time of this accounting and that out of the balance so found as above remaining in the hands of said executors, the said -5- [*Fol.16.*] executors pay to Louis H. Cramer, as commissions, the sum of $19,692.23, less the sum of $17,731.22 heretofore paid to said Cramer on account of said commissions, and that said executors pay to said William Nelson Cromwell, as commissions the sum of $19,692.23, leaving in the hands of said executors a balance of $155,734.42. And it is further ORDERED, ADJUDGED AND DECREED that the bill of Boynge and Gerber, stenographers, for reporting the testimony and furnishing copies thereof on the said reference, amounting to $2754.80 be paid by the said executors out of the said balance as a part of the expense of this accounting; [*17*] leaving in the hands of the said executors, a balance of $152,979.92. And it is further ORDERED, ADJUDGED AND DECREED, that out of the said balance so found as last above, remaining in the hands of said executors, to-wit: the sum of $152,979.62, they pay to Carrie H. Wrenn the sum of $2,531.62, with interest thereon at 6% per annum from March 29, 1917 to the date of payment, in payment and satisfaction of the balance of income on the trust created under the Second Article of the Will to March 28, 1917 and as found by the said Referee's report. And it is further ORDERED, ADJUDGED AND DECREED, that out of the [*18*] balance then remaining in the hands of the said Executors, they pay to Carrie H. Wrenn the sum of $15,007.60, with the interest at the rate of 4-1/3 per cent on the amount of $14.952.15 thereof from January 29, 1917, and with interest at the rate of 4-1/3% on $55.45 thereof from the 17th day of September, 1917, being the amount payable to Mrs. Wrenn as her share of the income of the residuary estate payable under the assignment of an interest therein to the extent of $160,000 made to her by Carrie Chapman Catt; and it is further -6- ORDERED, ADJUDGED AND DECREED, that out of the balance them remaining in the hands of said Executors they pay to Carrie Chapman Catt the sum of $15,000 as a further payment on account of their distributive shares as residuary legatee in this estate; and it is further ORDERED, ADJUDGED AND DECREED, that upon their filing in this Court receipts of the above named persons for the respective amounts hereby decreed to be paid to them, and each of them, the said Louis H. Cramer and William Nelson Cromwell be and they hereby are discharged from any further liabilities in this matter as to all matters and things comprised in their said account as filed and determined by this decree, except as to the said balance hereafter to be accounted for to this Court. James A. Foley Surrogate -7- [*8*] [*Document 6*] SULLIVAN & CROMWELL CABLE ADDRESS: "LADYCOURT." WM. NELSON CROMWELL. ALFRED JARETZKI. ROYALL VICTOR. HENRY H. PIERCE. GEORGE H. SULLIVAN. EDWARD H. GREEN. JOHN FOSTER DULLES. WILBUR L. CUMMINGS. WILLIAM F. CORLISS. HJALMAR H. BOYESEN. ALBERT S. RIDLEY. EMERY H. SYKES. RALPH ROYALL. PHILIP L. MILLER. 49 & 51 Wall Street, New York, August 18, 1922 Mrs. Carrie Chapman Catt, 171 Madison Avenue, New York, N.Y. RE: ESTATE OF FRANK LESLIE Dear Mrs. Catt: Further to ours of the 15th instant, Mr. Cromwell has taken up the subject and has agreed with Mr. Cramer on the Final Accounting. We have accordingly filed it today in the Surrogates' Court with the customary application for judicial settlement. To save you the trouble of getting it, we hand you herewith a copy. If you would like to have the Final Decree entered and distribution made without further formalities you may sign the enclosed form of waiver of notice etc. before a Notary Public and return to us. We will file it in Court and thereupon a decree will be entered immediately settling the account of the Executors and providing for a final settlement of the estate and the distribution of the balance remaining to you. This course of procedure would bring about a complete settlement and distribution before your departure for Europe on October 1st. As you will see from the account, there is a cash balance now remaining in the hands of the Executors of $30,368.07, subject to the payment of the balance of the Executors' commissions and to the expenses of this accounting which are fixed by law and will Mrs. Carrie Chapman Catt, -2- not exceed (we estimate) $5,000. We are, dear Madame, Very truly yours, Sullivan J Cromwell Enclosure [*copy Cath H18 ?. 6/23/??*] L. H. CRAMER SARATOGA SPRINGS, N. Y. Oct 21st Dear Mrs. Hills, Yours at hand. My impression is strong after seeing and talking with Mr. Follin that while he may be what he claims that it will prove an impossibility for him to prove positively that his father was Mrs. Leslie's brother. I am inclined to believe now that he was her half brother which accounts for Mrs. Wrenn having absolutely no knowledge of him. All his needed witnesses must be dead. [*B22479 Underhill N.Y.*] I was much pleased with him but [?] this case is hopless, unless he can make discoveries that he does not now have knowledge of. It looks as you say that there will be a levy and expensive delay, unless Mrs. Catt. [?] a generous compromise with Mrs. Wrenn, which I fully believe would be to her best interests to do. Mrs. Fry is now at Reed Bank N. J. with relatives. Will you please inform me if Mrs. Leslie ever said in your presence that I did not give her any statements of her securities? Very sorry for Mr. Lamadrid Kind regards for from both yours truly L.H. Cramer [*B22480 Underhill N.Y.*] [*Copy Catt [?] 19 ag 6/23/20*] L. H. CRAMER SARATOGA SPRINGS, N.Y. Jan. 9th., 1915. Mrs. Anna B. Hills, New York City. Dear Mrs. Hills:— Your card received. In reply would state that as yet Mr. Follin has received no money on his agreement with Mrs. Catt. His Lawyer is endeavoring to have the Executors make the advance but under the existing circumstances I am opposed to so doing, at least for the present, and an now in communication with Mr. Cromwell on the subject, and possibly matters may be arranged so that some money will be paid him on account, but as above stated, my feelings now are against doing so until the present litigation is disposed of and possibility of a contest of the Will averted. Yours truly, G. L. H. Cramer [*Copy of Catt #20 a.g. 6/23/20*] L. H. CRAMER SARATOGA SPRINGS,N.Y. Dec. 11th., 1914. Mrs. Anna B. Hills, New York City. Dear Mrs. Hills:— Yours received. The Leslie Will has been admitted to probate, and contests avoided by reason of Mrs. Catt finally having arranged settlement with Mrs. Wrenn and Mr. Follin. Mr. Follin is to receive $40000.00 and Mrs. Wrenn $225000, and the contents of the Sherman Square rooms. We expect to go down next Monday, and will be at the Marie Antoinette that evening, and remain there most of the week, going over the Securities and Jewelery at the Trust Co. for appraisal purposes. Should be pleased to see you some evening, previously arranged by Telephone on account of possible engagements. Mrs. Cramer joins me in best wishes. Yours truly, G. L. H. Cramer SURROGATES' COURT NEW YORK COUNTY. IN THE MATTER OF THE ESTATE OF FRANK LESLIE, Deceased. CLAIM OF LOUIS H. CRAMER. OPINION OF THE REFEREE. DATED December 29th, 1916. [*8*] [*#16*] SURROGATES' COURT, NEW YORK COUNTY. IN THE MATTER of the ESTATE OF FRANK LESLIE, Deceased, CLAIM OF LOUIS H. CRAMER The claim made by Mr. Cramer as set forth in the written paper filed July 12, 1915 is for services rendered by him to Mrs. Frank Leslie "as her financial agent and business manager". He sets forth that in June, 1895 Mrs. Leslie gave him an unlimited power of attorney to act for her in all her financial matters and turned over to him "all her business affairs". That from June, 1895 to the fate of Mrs. Leslie's death he continued in said employment. He then sets forth in a general way the character of the services which he rendered, and that the indebtedness of the estate to him is $200,000, upon which is credited as of April, 1907, $6,500, leaving a balance due of $193,500. The claim is verified and Mr. Cramer swears that the estate of the deceased is justly indebted to him in the sum of $193,500, and that the said claim is justly due and owing to him. In May, 1916 Mr. Cramer filed an amended claim, in which he sets forth that in the year 1907 Mrs. Leslie promised and agreed to compensate him in her will for his services theretofore rendered and to be thereafter- rendered "in managing her affairs and in caring for her property and estate". The services performed by him are therein set forth substantially as stated in the original claim, and the reasonable value thereof is stated to be $200,000 of which there was paid in April, 1907, $6,500. and it is alleged there is due and owing to him from the Executors of the Estate $193,500 and interest from July 12th, 1915. This claim is verified substantially in the same matter and form as the original. It is not disputed that Mr. Cramer rendered the services set forth in the written claims as therein stated. The services consisted in managing and caring for Mrs. Leslie's property. Mr. Cramer collected the interest upon investments, and invested surplus income. He collected and re-invested principal. He collected rents of real estate, attended to insurance and the payment of taxes, and in a general way acted for Mrs. Leslie in the management of her estate and relieved her of all care in reference thereto. He kept books of account and rendered to her very many statements and wrote to her numerous letters, and as he lived at Saratoga, made in the rendition of the services many trips between that city and the city of New York. The services rendered were valuable to Mrs. Leslie, and so far as I am able to judge, were rendered with great care and fidelity and with the exercise of most excellent judgment. The testimony introduced upon the trial before me to establish the compensation to which Mr. Cramer claimed to be entitled was confined solely to proof of an express - 2 - contract by which it was claimed Mrs. Leslie agreed to pay Mr. Cramer $10,000 a year, and to make provision for payment to him in her will. No mention is made of such a contract, either in the original or amended claims. Under the original and amended claims as filed the measure of receovery to which Mr. Cramer would be entitled would be the reasonable value of the services which he rendered. No testimony, however, as to the reasonable value of such services was offered upon the hearing before me. Mr. Cramer relied for a recovery against the estate solely upon proof of the express contract to pay him in the manner stated $10,000 a year. The witnesses called and who testified upon this subject are three in number, and their testimony is as follows:- J. M. Lamadrid testified that he first knew Mrs. Leslie in 1887 and enjoyed an intimate acquaintance with her thereafter until her death. He testified to a conversation with Mrs. Leslie about 1897 as follows: Q. Will you state the conversation as near as you can remember it? A. As near as I can recollect it I told Mrs. Leslie that Mr. Cramer was very attentive to her, attending to her trunks every time that she went to Europe and came back and see about her comfort. Q. What, if anything, did she say about that? A. She said, 'Why shouldn't he be? I have agreed to pay him $10,000 a year.' Q. Was there any other time when she made any mention to you about whether or not Mr. Cramer was good to her, or anything of that kind? A. She told me many times that Mr. Cramer was very good to her, and he was increasing the amount of her estate." -3- He testified to another conversation in the year 1913 in which, speaking of Mrs. Cramer rejecting a small present which had been sent to her, Mrs. Leslie said:- "Don't you think she is very ungrateful? She knows I have agreed to pay her husband $10,000 a year and give it to him in my will." Henry F. Gillig testified that his acquaintance with Mrs. Leslie began about the time of Mr. Leslie's death in about 1800 and continued until Mrs. Leslie's death. He testified that on three occasions Mrs. Leslie made statements to him about the compensation she was to make to Mr. Cramer. The first was in 1898 in London about the time he says when Mrs. Leslie was compelled to take back a magazine called Frank leslie's Popular Monthly, which had been previously sold by her. He said: "I called on her and she said, 'Now I have to take back the magazine', and she told me that she would have to reduce it to ten cents, and what hard work it would be; and I said, 'Now can't I be of help to you and take charge of the business part of it, the management?' And she said, 'No, I have got full power of attorney, and he has charge of my entire business, and I have agreed to pay him $10,000, and we have agreed between us that he shall receive it in my will.'" "Q. Do you recall anything else in that conversation? A. Well, we were discussing plans for the---- "Q. Yes, but on this particular subject of Cramer and his compensation? A. No, that they had agreed between them that she was going to leave it to him in her will, to pay him $10,000. "Q. Well, $10,000------ A. A year. Q. A year? A. Yes, certainly, $10,000 a year. Q. And it was agreed to be left to him in her will? A. Yes." The second occasion was in London during the season of 1909-10 when the witness and his brother called upon Mrs. Leslie at her hotel to escort her to a garden party. The witness' brother handed to Mrs. Leslie several -4- letters addressed to her. She laid them down saying: "Oh, I won't stop to read them, they are from my business manager, Mr. Cramer, I won't bother about it." "My brother said to her, 'Why, Mrs. Leslie, you must be very anxious, I should think you would be very anxious about hearing about your business affairs'. She said, 'Oh, no, I have entire confidence in Mr. Cramer, he attends to everything, I don't bother about anything. I have got an arrangement, and I have agreed to give him $10,000 a year, and I am going to leave it to him in my ---- in the will." The third occasion was about the holidays in 1913 at the Sherman Square Hotel in New York City. The witness testified: "I inquired how Mr. Cramer was. I always did that when I called. She said 'He is very well.' I said, 'Well, is he making money for you as usual?' She said, 'Oh, yes, he has been doing splendidly. And then I remarked, I said, 'Does the old arrangement stand that you made with him?' And she said, 'Oh, yes.' Then the old arrangement stands. I said, the $10,000 and giving it to him in the will? She said, 'Yes, I have agreed with him that I would give him $10,000 a year, and to give it to him in my will.' " Elizabeth Higgins was a professional nurse who at various times had attended Mrs. Leslie. She testified that she attended her in the summer of 1913 and during the month of August was with her at the Sherman Square Hotel night and day. She met Mrs. Cramer there on two occasions. Mrs. Leslie talked to her about Mr. Cramer and expressed very high appreciation of the services which he rendered for her, "and when I spoke to her about it she said, 'without compensation". 'But', she said, 'I will remember Mr. Cramer in my will.'" "She also stated when I said to her: 'Well, Mrs. Leslie, suppose Mr. Cramer dies first, what then? She says: 'Well, I will leave what I intend to leave him to the wife as a monument to the honesty of the man.' Those were the words she used." "Q. Have you stated all that conversation that you remember? A. Well, I remember distinctly her saying that she would remember Mr. Cramer in her will liberally, regardless of nieces and -5- "and nephews, because he had been the one who made the money for her, and it belonged to him, and it was only giving back the money to him that belonged to him, regardless of nieces and nephews. "Q. Anything else that you remember? A. She also told me that she had some jewelry of pearls and turquoises that she intended to leave Mr. Cramer." x x x " Q. You tell just what you remember Mrs. Leslie said. A. Mrs. Leslie told me that Mr. Cramer knew that she had remembered him in her will, and not only that, that she wanted him to receive the largest portion of her estate because it belonged to him, and that she might have made more money by giving the things into the hands of Major Goethals, but he would not have been as honest in handling her affairs. I never knew Major Goethals." "Q. Now, state what she said. A. She told me that she had agreed with Mr. Cramer to compensate him for his services to her when she died, by leaving him the bulk of her estate. Those were the words that she used to me. as near as I can remember them. That he never received a dollar, and that was what she intended to do, regardless of nieces and nephews." Upon none of the occasions mentioned by the witnesses which I have quoted was Mr. Cramer present, excepting possibly at one of the conversations testified to by Mrs. Higgins, and there is no testimony that any of Mrs. Leslie's statements made to the witnesses were ever communicated to Mr. Cramer. In my judgment the testimony I have referred to is wholly sufficient to support a finding that a contract was never made between Mrs. Leslie and Mr. Cramer which fixed the compensation which he was to receive for the services which he rendered. Declarations of a deceased person, such as the witnesses quoted, testified to are regarded by the Courts as most unreliable (Tousey v. Hastings, 194 N. Y. 79), and they are given little or no probative force. Such declarations have beencharacterized as "dangerous and unreliable species of evidence" (Sheldon v. Sheldon, 133 N. Y. 1, 8); "weak and not to be acted upon without great -6- precaution." (Rosseau v. Rouse, 180 N. Y. 116, 121; Hamlin v. Stevens, 177 N. Y. 39). In the present case it would be improper to call the statements referred to as admissions of Mrs. Leslie. When they were made there was no occasion on her part for her to speak of her relations with Mr. Cramer. The statements made by Mrs. Leslie were in no way binding upon her. There were mere casual conversations with probably no expectation that they would ever be communicated to Cramer. Neither of the witnesses had any interest in Mrs. Leslie's relations with Cramer and no right to be informed about them. But there are many facts which appear in the testimony which tend to prove that there was no contract. In the first place Mrs. Higgins' testimony does not support the theory that there was a contract with Cramer to pay him $10,000 a year, not does her testimony harmonize with the statements which Lamadrid and Gillig testified Mrs. Leslie made to them. According to Mrs. Higgins' testimony Mrs. Leslie was to give the bulk of her estate to Mr. Cramer. In the first part of her testimony she says that Mrs. Leslie said that Cramer had handled her affairs "without compensation", and that she intended to mention him in her will, and if he died first she would leave what she intended to leave to him to his wife as a monument to the honesty of the man. And she further testfied that Mr. Cramer knew that Mrs. Leslie had mentioned him in her will. This testimony does not support the theory of a contract. Mrs. Higgins, however, finally testified in answer to repeated questions of counsel that Mrs. Leslie said she had agreed with Mr. Cramer to compensate him for his services when she died by leaving him the bulk of her -7- estate. This latter statement is in direct contradiction to her first testimony that Mr. Cramer handled her affairs without compensation, and these contradictory statements show that no reliance can be placed upon such testimony. The interview testified to by Mrs. Higgins was in August, 1913. Gillig testified to an interview at the Sherman Square Hotel about the holidays of 1913, in which Mrs. Leslie said to him that she had agreed to pay Cramer $10,000. a year. Mrs. Higgins' testimony is that she said she had agreed to give Cramer the bulk of her estate; that Cramer knew that she had remembered him in her will. It is impossible to harmonize the testimony of these witnesses. It is a fact of considerable importance in this case, in my judgment, that Mrs. Leslie is show to have made five wills between 1897 and the date of her death. In none of them is there any provision for payment of any compensation to Cramer for services which he rendered to her. In a will made in 1907 there is a bequest to Mr. Cramer of any balance which should remain unpaid at the time of Mrs. Leslie's death upon a bond and mortgage which she held against him. But there is no recognition in any of the wills of any contract with Mr. Cramer or of any indebtedness of the testatrix to him, or of any moral obligation on the part of Mrs. Leslie to remunerate Cramer for the services that he rendered. In all of these wills Mr. Cramer is named as one of the executors. Assuming that there was a contract between Mrs. Leslie and Mr. Cramer by which he was to be paid -8- by a provision in her will, the omission to make provision for such payment must have been deliberate on her part. She appears, from her letters to Cramer, to have appreciated highly the services which he rendered to her, and to have had great regard, not only for him, but for his wife, and the appointment of Cramer as Executor in all of Mrs. Leslie's wills indicate that she had great confidence in his integrity and judgment. Under these circumstances it would be most remarkable for her to deliberately brake her contract with him, and it would require testimony of greater weight than her casual declarations to Maladrid and Gillig to convince me that she did so. Moreover the contract claimed to have been made would have been in my judgment a most unusual one. In the original claim filed by Mr. Cramer he states that when she gave him the power of attorney in 1895 the total value of her estate was about $450,000. It may be assumed that the income from said estate was between twenty and twenty-five thousand dollars, and it would be a most extravagant compensation for Mrs. Leslie to have paid any person nearly one-half of the total income to her estate for the care and management thereof. The services rendered were substantially the same as any Trustee renders to an estate in his possession, and the law fixes the compensation for such services at a small percentage on the money received and paid out. Mrs. Leslie appears to have been a woman of economical habits. She was not extravagant in her expenditures. She saved and caused to be invested each year a large part of her income, and to this saving habit on her part is to be attributed the large increase in her -9- estate between 1895 and the time of her death, That a woman of such habits would have been made such an extravagant contract as is claimed to have existed may be possible, but the existence thereof should be proved by clear and positive evidence. Upon Mr. Cramer's side the contract in my judgment was a most improbable one. He was to receive nothing in his lifetime for services unless he outlived Mrs. Leslie. If he died before she did, which was not improbable, it was be assumed that his legal representatives might enforce payment for services which he renedred, yet payment could only be enforced according to the terms of the contract which would be after Mrs. Leslie's death. Thus it was possible under the contact testified to that Mr. Cramer personally would never receive anything, and that his legal representatives would collect for the services rendered only many years after his death. Most people want to get some return for their labor during their life time, but Mr. Cramer, if he made such a contact as it is claimed he did, took a chance that he would never receive anything at all. The conclusive testimony, however, that no such contract was made is to be found in my judgment in the letter which Mr. Cramer wrote to Mrs. Anderson after Mrs. Leslie's death. This letter bears date October 9th, 1914, after Mr. Cramer was informed of the contents of the will. He was dissatisfied with the disposition which Mrs. Leslie made of her property, and he expressed dissatisfaction in the letter. He says nothing of the indebtedness to himself. It seems to me that if Mr. Cramer expected Mrs. Leslie to provide in her will for the payment to him of nearly $200,000 he would have said something about the omission of such a provision to Mrs. Anderson. -10- The services which he rendered for Mrs. Leslie were prominent in his mind when the letter to Mrs. Anderson, for he expressed the view that the large estate which she had left was largely due to his services in the care and management thereof, and he complained that Mrs. Leslie had not made some recognition thereof. He wrote: "I certainly feel very deeply the fact that no appreciation of unremunerated services were shown to the public in the will, etc." I cannot believe that Mr. Cramer when he wrote that passage felt that Mrs. Leslie's estate was indebted to him in the sum of nearly $200,000, for if that was due to him there was no occasion to express regret over the omission of a "slight token" in the will, nor do I think he would have characterized his services as "unremunerated" if there had been an enforceable contract with Mrs. Leslie. Moreover if Mrs. Leslie had broken her contract with him and made no mention of the sum due to him in her will, he would, in my opinion, in his general complaint as to the terms of the will and the omission to recognize his services have made some reference to his broken contract. My conclusion upon the whole case is that Mr. Cramer has failed to prove the existence of any contract which fixed his compensation, and in the absence of any testimony as to the value of the services which he rendered, I am constrained to advise that the claim be dismissed. Dated, December 29th, 1916. CHARLES F. BROWN, Referee. Lesmer Oct-10-1917 Surrogate's Court. New York County. In the matter of the Estate -Of- Frank Leslie, Deceased. Received of Louis H. Cramer and William Helson Cromwell, as Executors of the will of Frank Leslie, deceased, Seventeen thousand seven hundred thirty-one and 22/100 Dollars ($17,731.22). on account of my commissions as one of such executors [pursent to written-contrast made this between Sarrie Chapman Satt and Louis II. Cramer.] H.C.T J.J.S. Louis H Cramer by Hiram C. Todd attorney wifie State of New York, SS: County of New York, On this 10th day of October, 1917, before me personally came Hiram C. Todd, attorney in fact for Louis H. Cramer, the person described in the annexed instrument, said Hiram C. Todd being Known to me, and known to me to be the person who executed said annexed instrument and acknowledged to me that he executed the same on behalf of said Louis H. Cramer and as his attorney in fact. John J. Lemney Notary Public Co. W.9 Ns. 2 Peg. No. 8001 Artificate Filed (Seal) New York Co. N.Y. No 12 Reg. No. 8019 Bronx Co. N.Y. No. 2 Reg No. 811 [*8*] {*#33*] [*Fol. 1.*] SURROGATE'S COURT, COUNTY OF NEW YORK IN THE MATTER Of The ESTATE OF MRS. FRANK LESLIE, Deceased. IT IS STIPULATED that the claim of Louis H. Cramer against the Estate of Mrs. Frank Leslie is settled without costs on the following terms:- [*2.*] 1. Mr. Cramer is to purchase from the Estate all of the mortgages held by the Estate as follows: - Corey $2500 Lester and Resseguie 6500 [slow and uncertain] Roddy 7500 [ " " " ] Saratoga Coal Co. 4500 [ " " " ] Saratoga Hospital 20000 [annual deficit. uncertain] Saratogian 14500 Wright 4000 [uncertain.] Ashton 5333.34 Mitchell 9000 Putnam Estate 31000 ------------- Aggregating at their [*3.*] face ................ $104833.35 Together with the interest thereon in addition to said amount of $104833.35. 2. Mrs. Catt is to consent that Mr. Cramer be allowed toward the payment for said mortgages the sum of $55,000. for Mr. Cramer's claim against the said Estate. 3. Mrs. Catt is also to allow Mr. Cramer to apply toward the payment for said mortgages whatever amount Mr. Cramer may be allowed upon the final accounting of the executors of this Estate for his commissions as one of the executors. 1. [*Fol. 4.*] For the purpose of this stipulation such commissions are estimated at $20,000, but it is understood that if the commissions finally allowed are less than that amount, that Mr. Cramer is to pay such deficiency to Mrs. Catt. If, on the other hand, Mr. Cramer's commissions exceed that amount, Mrs. Catt is to reimburse Mr. Cramer for such excess over $20,000. 4. Mr. Cramer is to pay to the estate upon taking over such mortgages on or before the 1st day of April, 1917, the aggregate of the said mortgages with accrued [*5.*] interest to the date of the transfer less the sums of $55,000. and $20,000 above mentioned, making a total of $75,000. [*6.*] -2- [*729*] Copy L. H. Cramer Saratoga Springs, N. Y. Feb. 9, 1917. Mr. H. C. Todd, City. Dear Mr. Todd:- Relative to the matter of my taking the Saratoga mortgages in settlement of my claim, and to apply upon my commission, the following is the list as they now stand on my books: Corey $2500 Lester and Resseguie 6500 slow and uncertain. Roddy 7500 " " " Saratoga Coal Co. 4500 " " " Saratoga Hospital 20000 annual deficit. uncertain. Saratogian 14500 Wright 4000 uncertain Ashton 5333.34 Mitchell 9000 Putnam Estate 31000 These total $104833.35. I feel that this is quite a burden for me to undertake to take these in lieu of a lower amount of cash. However if I am paid $60000 in settlement of my claim I will take the chance, altho as you know, by reason of the present conditions in Saratoga, there is a likelihood of being considerable shortage in some of the mortgages, and very slow payment in others. Yours truly, L. H. CRAMER. [*Feby 26 1917:- Mr Ford's suggestion is as follows Mr Braner to be credited ($ 10000 increase) = $ 55000 " " " " " amount of commission as an executor - - - - = To be debited ( Saratoga Nights ) $ 104.833.35 " " " interest to date of settlement Mr Braner to draw his check for the difference will write tomorrow Feby 27/17*] [*Cramer July / 17*] SURROGATE'S COURT NEW YORK COUNTY IN THE MATTER OF THE ESTATE Of FRANK LESLIE, Deceased. Received of Louis H. Cramer and William Nelson Cromwell, ae Executors of the Last Will and Testament of Mrs. Frank Leslie, Deceased, Forty-six thousand nine hundred and fifty dollars ($46,950.00) in payment in full of my claim against the said Estate, which claim was fixed and allowed at the sum of Forty-five thousand Dollars ($45,000) by the report of Charles F. Brown, as Referee, filed in the offices of the Surrogate of New York on January 19th, 1917, and confined by a decree of Surrogate Cohalan Herein dated and entered July 24th, 1917, the interest upon said Forty-five thousand Dollars ($45,000) from January 19, 1917, to date, being the sum of $1,950.00), making the aggregate of said claim and interest the sum of Forty-six thousand Nine hundred and Fifty Dollars ($46,950.00). [This payment is made to me at this time pursuant to written contrast made this day between Carrie Chapman Catt and Louis H. Cramer.] [*H.C.T. J. J. T.*] Dated , October 10th. 1917. Louis H. Cramer by Hiram C. Todd Attorney in Fact STATE OF NEW YORK COUNTY OF NEW YORK, SS: On this 10th day of October, 1917, before me personally came HIRAM C. TODD, attorney in fact for LOUIS H. CRAMER, the person described in the annexed instrument, said HIRAM C. TODD being known to me, and known to me to -1- be the person who executed said annexed instrument and acknowledged to me that he executed the same on behalf of said LOUIS H. CRAMER and as his attorney in fact. John J. Tierney Notary Public King Co. N.Y. No. 2 Reg. No. 8001 Certificates Filed New York Co. N.Y. No. 12 Reg No. 8019 Bronx Co. N.Y. No. 2 Reg. No. 811 (Seal) [*8*] EMILY D. MAILLOUX, called as a witness on behalf of the claimant Cramer, being duly sworn, testified as follows: DIRECT EXAMINATION BY MR. TODD: Q Where do you reside, Mrs. Mailloux? A. New York City. Q And did you know Mrs. Frank Leslie during her lifetime? A Intimately. Q For how long a time did you know her? A 14 or 15 years. Q Will you state the character of your acquaintance with her, as to how often on an average during that period you used to see her? MR. PARKER: I object to this question. I understand the hearing is for the purpose of fixing the value of the services of the claimant during the last six years. THE REFEREE: What is the purpose of it? MR. TODD: Your Honor will recall that at the last hearing the remark was made by Mr. Parker that we had not shown that Mr. Cramer had not been compensated for his services. THE REFEREE: I will find that he has not been. MR. TODD: I know that, if the Court please, but there might perhaps be a review of your decision, and upon reviewing the evidence I find there is no direct testimony upon that and the only thing is the statement in his letter. THE REFEREE: Go on. Exception taken by Mr. Parker. A Once a week at least and sometimes two or three times a week. Q Did you ever discuss with Mrs. Leslie her business affairs? A Numerous times. -1- Q Do you recall any particular conversation that you ever had with her in reference to Mr. Cramer? A Yes. Q And will you state about when that conversation was, and where? A Well, the last conversation that I had with Mrs. Leslie concerning her relations with Mr. Cramer was about two years prior to her death, perhaps nearer three, between two and three years at any rate. At that time we had a very lengthy conversation, and that is what particularly impressed itself upon my mind. Q Will you state that conversation as near as you can recollect it? A Mrs. Leslie said to me that she had never paid Mr. Cramer a dollar for his services, that she could not possibly replace him --- we went into a long conversation, she said she had not an accurate knowledge of certain things concerning her estate, and Mr. Cramer she was exceeding apprehensive might be offended, that some things she asked he thought might be a reflection upon him, that he was a very independent man, that he would tell her to get somebody else to manage her affairs, that she did not want to offend him because she could not replace him, but that it was well understood between Mr. Cramer and herself that he would be adequately compensated under the terms of her will. That was her very expression, adequately compensated; that was her own expression. Q Did you ever discuss this question with her on any other occasion than that one? A Yes, on several occasions. We had, as nearly as I can recall, three lengthy afternoon visits on the subject of her relations to Mr. Cramer while we were driving in the park, the whole afternoon's conversation was about that. She had frequently made the desultory statement that Mr. Cramer was not then under present compensation. -2- Q Do you recall the conversation when Mrs. Leslie discussed with you some real estate transactions? A I do. Q And did she at that time -- MR. PARKER: When was it? THE WITNESS: I can tell you exactly when it was. Q Did she at that time leave with you a telegram? A She brought up a telegram to show me and advise with me -- Mrs. Leslie very frequently asked my advice in her affairs. That was February 27th, 1905. She came up and dined at my home on that day, and brought the telegram to ask me what I thought about it. Q This paper which you show me is written on a Western Union Telegraph Company blank --- MR. PARKER: We are back of 1908. I do not want anything on the record as to a paper that is not in evidence. MR. TODD: I am going to offer it if you will let me describe it. MR. PARKER: I do not want it on the record. MR. TODD: It is a telegram on a Western Union blank. dated February 27th, 1905, and signed by L. H. Cramer; and I offer it in evidence. MR. PARKER: I object to it as incompetent, irrelevant and immaterial and prior to the six years. THE REFEREE: Objection overruled. Exception taken by Mr. Parker. The paper was admitted in evidence and marked Cramer Exhibit No.1 January 10th, 1917, C. B. Cramer Exhibit No.1 is as follows: Received at 270 West 23rd Street. February 27th, 1905. -3- Dated at Washington To Mrs. Frank Leslie, The Chelsea, N. Y. C. Offered twenty-two thousand five hundred for Boulevard lot. You asked twenty-five. Would you favor compromise if necessary? L.H. Cramer. Q Has this telegram been in you possession since the time it was left with you? A Yes, sir, since the day it was received by Mrs. Leslie herself. MR. TODD: That is all. CROSS-EXAMINATION BY MR. PARKER: Q Mrs. Mailloux, are you not mistaken about what you said, that about two or three years before the death of Mrs. Leslie she told you Mr. Cramer had never received a dollar for his services? A No, sir, I am absolutely not mistaken. That is absolutely clear in my mind, that she made that statement to me, that he never had received a dollar's compensation from her for his services; that is exactly what she told me. And that is not the only time she told me. Q She told you that about two or three years before her death? A Prior to her death, yes. Q Those were about the words that she used, were they? A Just about the words that she used, yes. Q Well, can't you say that they are practically verbatim? A Yes, I could say that, that he never had received a dollar of compensation for his services to her. Q Where do you reside, Mrs. Mailloux? A 322 West 82nd Street. -4- Q And didn't you say that one day you drove with Mrs. Leslie and that a considerable part of the day was taken up by discussion between you and her of her affairs? A During three of our drives the whole afternoon practically was given up to the discussion of her affairs; but at other times in a desultory manner she would refer to her business matters. and she would seek my advice or my judgment in her matters. But those three afternoons stand clearly in my mind, because we discussed nothing else. Q Did you tell Mrs. Leslie that you did not think Mr. Cramer was doing his job very well? A I said "Why don't you employ somebody else if you feel timid about it"? Q Did you know Sullivan & Cromwell were her attorney at that time and had been for about twenty-five years? A I knew that Mr. Cromwell came into her affairs at the time that she was crowded out of the magazine, as she expressed it. Q But Mrs. Leslie wanted you from time to time to give her advice in regard to her affairs? A She very frequently did consult me. MR. PARKER: That is all. REDIRECT EXAMINATION BY MR. TODD: Q Will you state, Mrs. Mailloux, how you happened to be called as a witness to-day? A Well, I came as a witness to-day from my own volition. I had picked up an evening paper and I saw where Mr. Cramer was about to lose compensation for his services, and I thought it was so manifestly -5- unjust -- I would have come forward earlier in the case had I thought my evidence would be of any benefit to Mr. Cramer, because I knew all the relations between Mr. Cramer and Mrs. Leslie, and I thought that the claim was so manifestly right and simple that I had no business in the case at all; I thought he would get his money because I thought the thing was so thoroughly understood. MR. PARKER: I move to strike out all of that answer. THE WITNESS: So I wrote Mr. Cramer myself, and I said --- THE REFEREE: Never mind what you told him. Q When did you read that newspaper article, Mrs. Mailloux? A Last Saturday BY THE REFEREE: Q Had you met Mr. Cramer before? A I had met Mr. Cramer two times. Q That is all? A That is all. BY MR. TODD: Q Had your acquaintance with him been very slight? A I would not know Mr. Cramer now if I met him in the street. MR. PARKER: I move to strike that answer out as to what she thought and how it happened. THE REFEREE: Motion denied. Exception taken by Mr. Parker. -6- SURROGATE'S COURT. In the Matter of the Estate of FRANK LESLIE, deceased. Copy. PETITION. SULLIVAN & CROMWELL, Attorneys for William Nelson Cromewell, 59 Wall Street, New York City. EDGAR T. BRACKETT, Attorney for Louis H. Cramer Town Hall, Saratoga Springs, N.Y. THE SARATOGIAN PRINT [*8*] [*?oa*] [*3577*] [*Sept 24, 1917*] [*Fol. 1*] SURROGATES COURT. COUNTY OF NEW YORK In the Matter of the Estate of FRANK LESLIE, deceased. TO THE SURROGATES COURT OF THE COUNTY OF NEW YORK: The Petition of Louis H. Cramer, residing at Saratoga,Springs, New York, and William N. Cromwell residing at 12 West 49th Street, Borough of Manhattan, City, County and State of New York, respectfully states: [*"2*] (1). That the said Frank Leslie died in the City of New York on the 18th day of September, 1914, leaving a last will and testament which was duly admitted to probate by Surrogate's of Court of the County of New York, on the 7th day of December 1914. That letters testamentary under said will were duly issued to your petitioners on the 7th day of December, 1914, and continue in full force and virtue. (2). That pursuant to the orders of the said Surrogate's Court heretofore duly granted and entered, your petitioners have paid all of the pecuniary legatees, after deducting their respective shares of the transfer tax, upon the dates and in the amounts as follows: [*" 3*] Legater Amount of Legacy NET Amount Paid Date of Payment. Charles R. Follin $5,000. $4,800. Feb. 20, 1917 Frank B. Lamone 5,000. 4,800. Mar. 16, 1917 Mattie Sheridan 5,000. 200. Sep. 28, 1914 300. Oct. 22. 1914 2,000 . Mar. 6, 1915 200. Nov. 17. 1916 300. Dec. 23, 1916 1,750. Jan. 30. 1917 Emma Steiner 5,000. 4,800. Feb. 14, 1917 Mr. Robert Simons 10,000. 9,500. Mar. 14, 1917 Stuart Wrenn 10,000. 9,500. Feb. 1. 1917 Thomas N. Wrenn 10,000. 9,500. Feb. 1, 1917 "2 Charles Wrenn 10,000. 9,500. Feb 1, 1917 Joseph Kirk 1,000. 1,000. Feb. 14, 1917 Clara VanVreedenburgh 500. 500. Feb. 7, 1917 Mrs. Charlotte A. Gilbert 500. 500. Feb. 14, 1917 Mrs. Reverend P.A. Hannaford 500. 500. Feb 3, 2917 Miss A. E. Ives 500. 200. July 31, 1916 Marie Cross Newhaus 500. 500. Feb 13. 1917 Mrs. Lee Young. 500. 500. Feb 14. 1917 Madam Giulia Valda 500. 500. Mar. 27, 1917 Marshall P. Wilder 500. 500. Feb, 14,1917 AMerican Society for the Prevention of Cruelty to Animals 10,000. 10,000. Feb. 14, 1917 "5 2. That said orders directing the payment of said legacies specifically reserved the question of the payment of interest thereon. (3.) That your petitioners were delayed beyond the period of one year after their appointment in the payment of such legacies, because of important litigation relating to the said last will and testament of Frank Leslie, and other Litigation general affecting the distribution of said estate. That following is a brief summary of such litigation: "6 (a). Shortly after appointment and qualification of executors, three separate actions were commenced in the Supreme Court of the State of New York, New York County, by Lonetta L. Hollander against the Executors, and by Florance L. Weissbrod against the same, and by Arthur Leslie against the same. In the action brought by Hollander, the Plaintiff claimed damaged for $444,444.44; in the action brought by Weissbrod, the plaintiff claimed damages for $444,444.44; in the action brought by Leslie, the plaintiff claimed damages for $222,222.22. The actions were all of a similar nature and the allegations made by the respective plaintiffs were substantially as follows: that an agreement had been made by the decedent with her late husband, Frank Leslie, "7 that in consideration of his having bequeathed to her all of his estate, she would in turn make her will for benefit of his descendants to the extent of at least two-thirds of any property which she should receive from his estate; and that the plaintiffs were respectively descendants of the late husband of the decedent; and that as such they were entitled to enforce -3- such agreement; and that all of the estate of the decedent was constituted of the property which she had received from her late husband under his will or of the increment thereof. The executors interposed answers in said actions and succeeded in obtaining their discontinuance in December, 1915. (b) Early in 1915, a proceeding was instituted in the Surrogate's Court by one Arthur Leslie to vacate the decree admitting the will to probate, and to permit him [*"8*] to come in as a party to the proceedings. The general nature of the claim was that the decadent was an illegitimate child of one Charles Follin and a negro slave, and that she left no heirs at law or next of kin on the part of her mother; that her estate had come to her husband, Frank Leslie, and under the statutes of distribution and descent of this state, the heirs at law and next of kin of the decedent were the heirs at law and next of kin of Frank Leslie, the husband. The Petition of Arthur Leslie in this proceeding and the accompanying affidavits were very voluminous, the greater part of such affidavits having been made by numerous affiants residing in widely scattered places throughout the southern states. Such moving papers [*9*] also included many certified copies of court records from the courts of several different States. The executors, through their counsel, investigated the facts alleged in said petition, affidavit, and court records and appeared in such proceeding and interposed answering affidavits and argued the matter before Surrogate Fowler on November 17, 1915. During December, 1915, Surrogate Fowler handed down a decision dismissing this proceeding, and a judgment was entered thereon shortly thereafter. In due course, Arthur Leslie appealed from said judgment, said appeal -4- was argued in the Appellate Division during November 1916. Shortly thereafter the Appellate Division handed down its decision affirming the said judgment, and in due course, an order of affirmance was regularly entered. (c.) Many claims for large amounts of money, against said estate, were filed with your petitioners, who doubting the justice of several of such claims, rejected them. Some of the rejected claims, after suits were brought thereon, were compromised, and others were litigated before Hon. Charles F. Brown, as Referee, duly appointed by an order of Surrogate Fowler, entered February 14, 1916. The report of Hon. Charles F. Brown as Referee was filed January 17, 1917 and was confirmed by a decree granted by Surrogate Cohalan on July 24, 1917, Appeals have been taken from the decree of Surrogate Cohalan dated July 24, 1917, to the Appellate Division of the Supreme Court, and are now pending, and in due course will probably not be argued and decided for several months. (d.) On the 16th day of May, 1917, an action was commenced in the United States District Court for the Southern District of New York by Annie S. Simons, as plaintiff against your petitioners as defendants, for $40,000. damages, which plaintiff claims is due to her under a contract made by her with Mrs. Frank Leslie as compensation for services rendered and to be rendered to Mrs. Frank Leslie by the plaintiff, as nurse and companion. The defendants have interposed answers in said action which are substantially general denials. Several months will probably elapse before said action can be brought on for trial and decided. -5- (4) That Mattie Sheridan and Alive Ives, two of the said pecuniary legatees, shortly after said will was admitted to probate, served notice upon your petitioners to the effect that the pecuniary legatees under said will are entitled to interest upon their respective legacies from the 20th day of June, 1915, that being the date of the completion of the publication of notice to creditors. "13 (5). That your petitioners are informed and verily believe that the question as to the date from which interest should be paid to the pecuniary legatees and the amount to be paid to them has been the subject of comp ference between your petitioners' counsel and counsel for Carrie Chapman Catt, the residuary legatee under said will. That such counsel have not been able to agree, and your petitioners are advised by their counsel that they cannot safely make any payment of interest on said legacies without presenting the matter to the Surrogate's Court and being instructed in the premises. "14 (6). That the names and post office addresses of all of the pecuniary legatees under said will, and of all other persons interested in the question presented by this petition are as follows: Name Post Office Address Mrs. Robert Simons Charleston, S. C. Mrs. Charles R. Follin Charleston, S. C. Frank B. LaMone Liberty, N. Y. Wood & Wood, as Attorneys 2 Rector Street, Borough of for Mattie Sheridan Manhattan, New York City -6- Name Post Office Address Miss Emma Steiner 52 Bradhurst Avenue, Borough of Manhattan, New York City. Stuart Wrenn 62 Pierrepont Street, Borough of Manhattan, New York City. "15 Thomas N. Wrenn 62 Pierrepont Street, Borough of Manhattan, New York City. Charles Wrenn 62 Pierrepont Street Borough of Manhattan, New York City. Joseph Kirk 115 West 62d Street, Borough of Manhattan, New York City. Clara VanVreedenburgh, 22 West 83rd Street, Borough of Manhattan, New York City. Anita G. Jerome, as Administratrix 138 West 12th Street, of Charlotte A. Gilbert, deceased, Borough of Manhattan, New York City. Mrs. Rev. P. A. Hannaford 230 West 95th Street, Borough of Manhattan, New York City. Miss A. E. Ives 11 West 64th Street, Borough of Manhattan, New York City. "16 Miss Marie Cross Newhaus 2025 Broadway, Borough of Manhattan, New York City. Mrs. Lee Young 66 Madison Avenue, Borough of Manhattan, New York City. Madame Giula Valda 61 Avenue Niel, Paris, France Estate of Marshall P. Wilder, Edmund F. Hanks, Executor deceased Westwood, New Jersey. American Society for the 50 Madison Avenue, Prevention of Cruelty to Animals Borough of Manhattan, New York City. Carrie Chapman Catt 2 West 86th Street, Borough of Manhattan, New York City. -7- [*"17*] That all of the above named persons are of full age and sound mind. WHEREFORE, your petitioners pray that the persons above named and all necessary and proper persons be cited to show cause as to what amount of interest, if any, should be paid by your petitioners upon the pecuniary legacies above described, and that an order may be granted according to law directing the service of the citation personally without the State, or by publication upon the persons hereinbefore stated to be non-residents of the State, or otherwise. Dated, September 24, 1917. [*"18*] Louis H. Cramer W Nelson Cromwell By Clarke M. Rosencrantz Petitioners. -8- STATE OF NEW YORK :SS. COUNTY OF SARATOGA LOUIS H. CRAMER, being duly sworn, says that he is one of the petitioners above named; that he has read the foregoing petition and knows the contents thereof; that the same is true to deponent's own knowledge own knowledge, except as to the matters there n stated to be alleged upon information and belief, and as to those matters he believes it to be true. Subscribed and sworn to before me this [*24th*] [*Louis H Cramer*] day of September, 1917. "19 [*Millie [Wait?]*] Notary Public. SURROGATE'S COURT, NEW YORK COUNTY. In the Matter of the Judicial Settlement of the Account of Proceedings of Louis H. Cramer and Williams Nelson Cromwell, as Executors of Last Will and Testament of Frank Leslie, Deceased. DECREE. with Notice of Entry & Filing. 8 #40 SURROGATE'S COURT, COUNTY OF NEW YORK, IN THE MATTER Of The Judicial Settlement of the Account of Proceedings of LOUIS H. CRAMER and WILLIAM NELSON CROMWELL, as Executors of the Last Will and Testament of FRANK LESLIE, Deceased. SIRS: PLEASE TAKE NOTICE that the Decree herein of which the annexed paper is a true copy was duly filed and entered with the Clerk of the Surrogates' Court in the above entitled proceeding on the 24th day of July, 1917. Dated, New York, July 26th, 1917. Yours, etc., Horace E. Parker, Attorney for Residuary, CARRIE CHAPMAN CATT, Office & P. O. Address, 100 Broadway, Borough of Manhattan, New York City, N. Y. TO:- SULLIVAN 7 CROMWELL, Esqs., Attorneys for William Nelson Cromwell as Executor of the Estate of Frank Leslie, deceased, 49 Wall Street, Borough of Manhattan. New York, N. Y. EDGAR T. BRACKETT, Esqs., Attorney for Louis H. Cramer as Executor of the Estate of Frank Leslie, deceased, Saratoga Springs, New York. EDGAR T. BRACKETT, Esqs., Attorney for Louis H. Cramer as claimant against Estate of Frank Leslie, deceased, Saratoga Springs, New York. WILLIAM A. YOUNG, Esqs., Attorney for Maynard D. Follin, 115 Broadway, Borough of Manhattan, New York City, N. Y. -1- Fol. 4. GEORGE A. STRONG, Esq., Attorney for Carrie H. Wrenn, 43 Exchange Place, New York City, N. Y. HIRAM C. TODD, Esq., Attorney for Mrs. Louis H. Cramer, Saratoga Springs, New York. WOOD & WOOD, Esqs., Attorneys for Mattie Sheridan, Alice Ives, and Althea d'Avernas Salvador, 2 Rector Street, Borough of Manhattan, New York, N. Y. JULIAN A. GREGORY, Esq., Attorney for Thomas N. Wrenn, Thomas A. Wrenn, Charles Wrenn, Allen Stewart Wrenn and Louise G. Wrenn, 115 Broadway, Borough of Manhattan, New York City, N. Y. 5 J. MAHEW WAINWRIGHT, Esq., Attorney for American Society for the Prevention of Cruelty to Children, 59 Wall Street, New York, N. Y. MOEN & DWIGHT, Esqs., Attorneys for Woodlawn Cemetery, 52 William Street, Borough of Manhattan, New York City, N. Y. DAVID G. GEORGE, Esq., Attorney for John E. Welch, 20 Nassau Street, New York City, N. Y. MRS. ANITA JEROME, Administratrix of Charlotte A. Gilbert, 138 West 12th Street, Borough of Manhattan, New York City, N. Y. 6 Fol 1. At a surrogate's Court held in and for the County of New York, in the State of New York, at the Surrogates Office in the Hall of Records in the Borough of Manhattan, City of New York, on the 24th day of July, 1917. Present: HON. JOHN P. COHALAN, Surrogate. ---------------------------------------X In the Matter of the Judicial Settlement of the Account of Proceedings of LOUIS H. CRAMER and WILLIAM NELSON CROMWELL, as executors of the Last Will and Testament of FRANK LESLIE, Deceased. ---------------------------------------X 2 LOUIS H. CRAMER and WILLIAM NELSON CROMWELL, executors of the Last Will and Testament of Frank Leslie, deceased, who, at the time of her death, was a resident of the City, County and State of New York, having heretofore fileda petition verified by them on the 15th and 16th days of December, 1915, respectively, in which application was made to one of the Surrogates of the County of New York for a judicial settlement of the account of such executors and a citation having been thereupon issued pursuant to statute, directed to all persons interested in the estate or funds of said deceased, citing them to show cause before the said Surrogate at his office in the County of New York on the 28th day of January, 1916, at 10.30 o'clock in the forenoon of that day why the account of the said executors should be judicially settled, and the said citationhaving been returned with proof of due service -1- thereof upon all the parties cited, and the said executor having appeared on the return of said citation and having rendered their account under oath before the said Surrogate, and the said account having been filed, and certain objections having been filed to said account; And John E. Welch, a creditor of the above named decedent having filed a petition in said Surrogates' Court praying for the judicial settlement of the account of the above named executors, and all the proceedings herein upon such judicial settlement having been consolidated by an order of said Surrogate dated January 26, 1916; And said consolidated proceedings having been referred by order of said Surrogate entered February 14, 1916, to Hon. Charles F. Brown to inquire into the necessary jurisdictional facts, to examine said account, objections and answers, to hear and determine all questions arising upon the settlement of said account which the Surrogate has power to determine, and to make report to the Court with all convenient speed, and said Referee having duly taken his Referee's oath and having examined said account and having taken testimony upon said account and the objections thereto and having on the 19th day of January, 1917, filed his Referee's report, rated January 17, 1917, and certain exceptions to such report having been filed, and a motion to confirm said report having been duly made by Sullivan & Cromwell, attorneys for executor William Nelson Cromwell, and Clarke M. Rosecrantz, Esq., of counsel for William Nelson Cromwell, as executor, having appeared in support of said motion, and Louis H. Cramer, as an individual, having appeared by Edgar T. Brackett, Esq., his attorney -2- and opposed the confirmation of that portion of the Referee's Report covered by his exceptions thereto; and John E. Welch having appeared by David E. George, Esq., his attorney, and opposed the confirmation of that portion of the Referee's Report covered by his exceptions thereto; and Carrie Chapman Catt having appeared by Horace E. Parker, Esq., her attorney, and opposed the confirmation of that portion of the Referee's Report covered by her exceptions thereto; and Carrie H. Wrenn having appeared by George A. Strong, Esq., her attorney, and opposed the confirmation of that portion of the Referee's Report covered by her exceptions thereto; and Allen S. Wrenn, Thomas N. Wrenn and Charles L. Wrenn, having appeared by Julian A. Gregory, Esq., their attorney, and opposed the confirmation of that portion of the Referee's Report covered by their exceptions thereto, and a decision in writing by Hon. John R. Cohalan, Surrogate, confirming said report, having been duly made, and the said matter having been duly adjourned to this day, the said Surrogate, after having examined said account, now here finds the state and condition of the said account to be as stated and set forth in the following summary statement thereof, to wit: A SUMMARY STATEMENT of the account of Louis H. Cramer and William Nelson Cromwell as executors of the last Will and Testament of Frank Leslie, deceased, made by the Surrogate as judicially settled: Said executors are chargeable as shown by the inventory, with the amount of . . . . . . . . . . . . . . . . . . . . $1,737,477.70 Income received, Schedule AA . . . . . . . . . . . 85,139.47 Increase, Schedule AAA . . . . . . . . . . . . . . . . . $ 3,554.62 ------------------------- Total $1,826,171.79 -3- [*10*] They are to be credited as follows: With amount of funeral and other expenses paid, Schedule C, $71,382.61 With amounts of debts paid, Schedule D 3,738.24 With amount paid legatees, Schedule D 2,500.00 $77,620.85 ----------------- Leaving a balance as of December 4, 1915, in the hands of the executors of $1,748,550.94 [*11*] And it appearing that the said executors have fully accounted for all the moneys and property of the estate or fund of said deceased which have come into their hands as such executors and their account having been adjusted by the said Surrogate, and a summary statement of the same having been made as above and herewith recorded, it is hereby ORDERED, ADJUDGED AND DECREED that the said account be and the same is hereby judicially settled; and it is further [*12*] ORDERED, ADJUDGED AND DECREED that out of the balance so found as above remaining in the hands of the said executors, the said William Nelson Cromwell retain the sum of $8,607.63 for costs and disbursements on this account; and it is further ORDERED, ADJUDGED AND DECREED that the report of Hon. Charles F. Brown, Referee herein, filed January 19, 1917, be and it hereby is in all respected confirmed, and that said report by and it hereby is adopted as the determination -4- and decision of this Court as to all the matters contained in and covered by said report; and it is further ORDERED, ADJUDGED AND DECREED that said executors do pay out of said balance remaining in their hands forthwith to John E. Welch the sum of $7,800, and to Louis H. Cramer the sum of $45,000, and to Sullivan & Cromwell the sum of $240.92 in full payment of the amounts found due and owing to said claimants according to said Referee's Report; and it is further ORDERED, ADJUDGED AND DECREED that Maynard D. Follin is entitled to be paid the sum of $100,000 out of money payable to Carrie Chapman Catt as residuary legatee under the last Will and Testament of the above named decedent (this being the same amount which was ordered paid by a decree of Hon. John P. Cohalan, Surrogate, entered on January 25, 1917), together with such proportion of interest as shall at time of payment have been earned upon the residuary estate from January 22, 1915, as the sum of $100,000 bears to the amount which shall ultimately be paid to the residuary legatee; and it is further ORDERED, ADJUDGED AND DECREED that Carrie H. Wrenn is entitled to be paid the sum of $160,000 out of any moneys payable to Carrie Chapman Catt as residuary legatee under the last Will and Testament of the above named decedent (of which sum the amount of $158,000 was ordered to be paid by a decree of Hon. John P. Cohalan, Surrogate, entered on January 25, 1917), together with such proportion of interest as at the time of payment of said $158,000 shall have been earned upon the residuary esttate from December 4, 1914, as the sum of $158,000 bears to the total -5- amount which shall ultimately be paid to the residuary legatee, and together with such proportion of interest as, at the time of payment of the balance $2,000 shall have been earned upon the residuary estate from December 4, 1914, as the sum of $2,000 bears to the total amount which shall ultimately be paid to the residuary legatee; and it is further ORDERED, ADJUDGED AND DECREED that Carrie Chapman Catt as residuary legatee be paid on account the sum of $125,000 out of the balance remaining in the hands of the executors on December 4, 1915; and it is further ORDERED, ADJUDGED AND DECREED that Louise G. Wrenn is entitled to be paid by the executors upon the termination of the trust created by the second and eighth articles of the last Will and Testament of the above named decedent, the principal sum of said trust funds; and it is further ORDERED, ADJUDGED AND DECREED that the question of the amount of interest payable upon the pecuniary legacies created by the last Will and Testament of the above named decedent be and the same hereby is reserved; and it is further ORDERED, ADJUDGED AND DECREED that upon their filing in this Court receipts of above named persons and partnership for the respective amounts hereby decreed to be paid to them and each of them, the said Louis H. Cramer William Nelson Cromwell be and they hereby are discharged from any further liability in this matter as to all matters and things comprised in their said account as filed and determined by this decree except as to the balance of $1,301,902.39 together with interest on $1,748,550.94 from December 4, 1915, remaining in their hands as executors. JOHN P. COHALAN, Surrogate. Transcribed and reviewed by contributors participating in the By The People project at crowd.loc.gov.