FOUND DEAD IN THE YARD.
Arthur Lippincott Dies Suddenly at Oceanport. Arthur Lippincott of Oceanport was found dead in his yard on Friday afternoon. Mr. Lippincott was about 78 years old, and he and his wife made their home with their daughter, Mrs. Edward Price of that place. Mr. Lippincott was in good health and was considered remarkably hale for a man of his age. He made a trip to the postoffice every morning regularly, and on Friday morning he made the trip as usual. In the afternoon his son-in-law, Capt. Edward Price, missed him, but he and his wife both supposed he had gone to the postoffice again. A little later the dead body was found in the yard. A physician who was called in said death had been caused by paralysis of the heart.
Mr. Lippincott was born at Deal and had lived in this part of the county all his life. For the past 35 years he had lived at Oceanport. Besides Mrs. Price he leaves a son, Edward Lippincott of Oceanport.
The funeral was held at the house on Monday afternoon, the service being in charge of Rev. John Wagg. The body was buried in the West Long Branch cemetery.
Stacy P. Conover's Funeral.
The funeral of Stacy P. Conover was held at his late home at Wickatunk on Friday afternoon. There was a very large attendance at the funeral, which comprised friends, neighbors and relatives, and also representative farmers and business men from various parts of the county. The funeral sermon was preached by Rev. C. W. VanZee, pastor of the Bradevelt Reformed church. Rev. Robert Fisher, pastor of the Holmdel Baptist church, assisted at the services. The bearers were Rens. W. Dayton, Edmund Wilson, Gideon C. McDowell, Dr. Edward F. Taylor, William H. Vredenburgh and Samuel Luyster. The body was buried in the family plot in the Holmdel cemetery.
Killed by a Fall from a Wagon.
William H. Thompson of Millstone township met with an accident last week which resulted in his death. He had killed a large hog which weighed about 400 pounds. The hog was loaded in a wagon. Mr. Thompson got in the wagon and was using a hook to pull the dead hog further in the wagon when the hook gave way. He fell out of the wagon and struck on his head, receiving such injuries that he died a few hours later. He leaves a widow and six sons, three of whom are married.
William A. Mestayer.
William A. Mestayer, the well-known actor and a summer resident of Red Bank, died at New York on Saturday from Bright's disease. His name was William Ayres Haupt, but he was better known by his stage name of Mestayer. He was born in Philadelphia in 1846 and had been engaged in the theatrical profession since he was eight years old. He was married twice. His first wife procured a divorce from him. He then married Theresa Vaughn, the actress, who survives him.
George Taylor, a prominent resident of Freehold, died at that place on Friday, November 13th, aged 78 years. He was born at Holmdel and lived at that place until about 25 years ago, when he moved to Freehold. He joined the Freehold Baptist church in 1875 and was a deacon of the church for seventeen consecutive years. He leaves three children. They are Mrs. George Schanck and Mrs. W. H. DuBois of Freehold and Mrs. W. Taylor of Holmdel.
John H. Coward.
John H. Coward, Keyport's oldest citizen, died at that place on Sunday of last week. He was 91 years old. On the Wednesday before his death, while in his room, he fell against the sharp corner of a desk and injured his side severely. He was put back in bed, from which he never again arose. His wife died many years ago and he made his home with his daughter, Mrs. J. V. Arrowsmith.
Edward M. Shafto.
Edward M. Shafto of Matawan was found dead in bed last Friday morning. He had eaten a hearty supper the night before and had gone to bed in his usual health. The physician stated that death was caused by heart disease. He leaves a wife, two sons and two daughters.
Thomas Folan of Keyport died on Sunday of last week after a short sickness with pneumonia. He caught a cold on election day which developed into pneumonia. He was 56 years old and had lived at Keyport 36 years. He leaves a widow and seven children.
Mrs. Deborah P. Parker.
Mrs. Deborah P. Parker, widow of William Parker, died this morning at Little Silver, aged 68 years. Her funeral will be held on Friday morning at eleven o'clock, from her late home.
Mrs. Joseph Manning.
Esther, wife of Joseph Manning of Long Branch, died on Saturday, November 14th, of fatty degeneration of the heart. She was 43 years old and left no children.
Mrs. Moses Emmons.
Mrs. Moses Emmons died at Freneau on Monday of last week after a long sickness with dropsy. She was 46 years old and leaves a husband and one son.
The infant son of Max Stein of Atlantic Highlands died last Monday of brain fever. The funeral was held yesterday afternoon. The body was interred at Long Branch.
BIBILLIER - At Elberon on Thursday, November 19th, Marcel A., son of I. Bibillier, aged 1 year and 5 months.
COWARD - At Keyport, on Sunday, November 15th, John H. Coward, aged 91 years, 7 months and 4 days.
EMMONS - At Freneau, on Monday, November 14th, Mrs. Moses Emmons, 46 years.
FOLAN - At Keyport, on Sunday, November 15th, Thomas Folan, aged 56 years.
MANNING - At Long Branch, on Saturday, November 14th, Esther, wife of Joseph Manning, aged 43 years.
MESTAYER - At New York, on Saturday, November 21st, William A. Mestayer, aged 50 years.
PARKER - At Little Silver, on Wednesday, November 25th, Mrs. Deborah P. Parker, aged 68 years and 9 months.
SHAFTO - At Matawan, on Friday, November 20th, Edward M. Shafto.
STEIN - At Atlantic Highlands, on Monday, November 23d, the infant son of Max Stein.
TAYLOR - At Freehold, on Friday, November 13th, George Taylor, aged 78 years.
Wills and Estates:
A FIGHT OVER AN ESTATE.
LONG LITIGATIONS TO GET $3,000 AND INTEREST.
A suit Which Had Its Beginning in a Sale of a Farm in Atlantic Township in 1852 - The Litigation Soon to be Ended.
A very peculiar lawsuit, which has been going on for a number of years, will probably come to an end with a decision of the New Jersey court of errors and appeals to be rendered this or next term. The final arguments were made at Trenton last week. The circumstances on which the suit is based began 'way back in 1852. It is a suit of a kind very rarely brought, and the conditions surrounding the case are different from anything found in any case ever before brought in the courts of New Jersey. The present suit is the result of an effort to obtain possession of the sum of $3,000 as principal and about $1,700 interest. Part of this money is in the hands of the courts, and part in is the hands of William Read of Colt's Neck, a grandson of the late Wilson Read.
In 1850 a man named Logan Bennett owned a fine farm in Atlantic township near Colt's Neck. The farm is the place now known as the Wilson Read farm. In April, 1852, Logan Bennett sold the farm to his son, John L. Bennett, for $8,000. Logan Bennett had other children, among them being a son named William, who was of weak mind. When Logan Bennett sold the farm to his son, John L. Bennett, he took in part payment a mortgage of $3,000. This mortgage was to secure a bond of the same amount which John L. Bennett gave, and which bond required John L. Bennett or his heirs to "comfortably clothe, board, maintain and support in sickness and in health in all things one William Bennett, the insane son of Logan Bennett, and give him a decent burial after death." In 1855 Logan Bennett died. He left a will in which he bequeathed to William Bennett all of his (Logan Bennett's) interest in the bond for $3,000 which had been given by Logan's other son, John L. Bennett. Logan Bennett's daughter, Emma H. Bennett, and John Statesir of Colt's Neck were appointed guardians of William Bennett by this will. The executors of the will were Logan Bennett's daughters, Emma H. and Mary Bennett, and John Statesir. This John Statesir was the father of the present John Statesir of Colt's Neck.
After Logan Bennett's death John L. Bennett defaulted in the performance of the conditions of the bond and did not support William Bennett as he had agreed to do. Thereupon John Statesir, as his guardian, began a foreclosure suit on the bond and mortgage which had been given by John L. Bennett to Logan Bennett, and which had been bequeathed to William Bennett. The property was sold under this foreclosure suit and was bought by Wilson Read, who had married Cornelia Bennett, one of the daughters of Logan Bennett. After the sale John L. Bennett assigned to Wilson Read all his right and interest in the bond and mortgage and fund which had been provided for the support of William Bennett.
When the property was sold under this foreclosure sale it brought $12,000. This sale was made about 1860. There were encumbrances on the farm when it was was sold by Logan Bennett to John L. Bennett, amounting to nearly $4,000, and the mortgage for the $3,000 to secure the support of William Bennett brought the total amount of the encumbrances up to nearly $7,000. When the property was sold under foreclosure to Wilson Read for $12,000, this money was apportioned, and it was agree by John Statesir, one of William Bennett's guardians and one of the executors of Logan Bennett's will, to accept $2,417 as William's interest in the property. This was incorporated in the decree of the court apportioning the money. One of the claims made in the present suit is that the acceptance by John Statesir of any sum less than $3,000 was not legal, and that the acceptance by John Statesir of this sum was not binding on the other guardian, or the other executors, or on the residuary legatees, who were the children of Logan Bennett or their descendants.
After Wilson Read bought the farm for $12,000 the money was paid into court. A mortgage for $2,417 was then put on the farm to secure the maintenance of William Bennett as long as he should live. John Statesir afterward began to foreclose this mortgage and Wilson Read then paid the sum of $3,000 into court. In addition to this sum it is said that William Read, one of the grandsons of Wilson Read, has in his hands about $1,700, as the accumulations of interest of the fund provided for William Bennett.
The children of Wilson Read claim that under the assignment to their father by John L Bennett of all his right and interest in the bond of $3,000, given to secure the maintenance of William Bennett, the $3,000 and its accumulations should be distributed among them. Some of William Bennett's brothers and sisters are still living and some have died, leaving children. They claim that under Logan Bennett's will the mortgage of $3,000 became the property of William, and that the foreclosure suit, at which the property was bought by Wilson Read, wiped out completely all of John L. Bennett's right to the $3,000, and that therefore he had nothing to assign to Wilson Read. They claim that the $3,000 should go to them as being William Bennett's next of kin.
This suit is the last of a number of suits which have grown out of Logan Bennett's will and estate, and Wilson Read's will and estate. Suits of various kinds have been going on for a dozen years or more. About a year and a half ago, Alfred Walling, Jr., of Keyport, was appointed a master of chancery to learn how much of the fund left by Logan Bennett had been used in the maintenance of William Bennett, and how much must therefore still be accounted for. His report was made to the court of chancery and Vice Chancellor Bird pronounced a decree embodying Mr. Walling's findings, and declaring that the accumulations of the fund must be distributed among the next of kin and heirs at law of William Bennett. From this decree the heirs of Wilson Read have appealed to the court of errors and appeals, on the ground that the fund and its accumulations ought to be distributed among the heirs of Wilson Read.
Robert Allen, Jr., of Red Bank, is counsel for Emma H. Bennett. William Pintard is the counsel for the heirs of Stout H. Bennett, who died several years ago at Fair Haven. All the next of kin of William Bennett will share in the estate, if the case should be decided in their favor. The counsel for Wilson Read's heirs are H. H. Wainwright of Manasquan and William H. Read of New York, a grandson of Wilson Read.
ESTATES TO BE DIVIDED.
MANY WILLS PROBATED AT FREEHOLD.
Some of the Estates are Small but in Others Considerable Property Will be Distributed Among the Heirs.
An unusually large number of wills have been probated at Freehold during the past two weeks. In many cases the estates left were small, but in one of two cases large estates were distributed.
One of these wills is that of William Wood of Red Bank. His will left to his wife, Maria Wood, as long as she should live, the house and lot in which he lived on Washington street, Red Bank, the adjoining house and lot on Mount street, Red Bank, and the house and lot at 138 Macon street, Brooklyn. At her death these properties were ordered to be sold and the proceeds divided between his two daughters, Mrs. Elizabeth F. Ackerman and Mrs. Mary A. Chadwick, who are the executrices under the will. As Mrs. Wood died some time ago the property goes to the daughters at once. All the rest of Mr. Wood's property also goes to his daughters, and is to be divided equally between them.
John R. Murphy of Middletown township left to each of his children, Charlotte H. Seeley, William F. Murphy and Ida P. Downs, one dollar, and the rest of his property to his widow, Charlotte S. Murphy, absolutely. The executors are Mrs. Murphy and Rutson S. Snyder.
Dr. Warren W. Palmer, who was killed in an accident at Keansburg some time ago, left $800 to his son, Charles A. Palmer, and $10 a year for five years toward the salary of the pastor of the Greenville Methodist church. He directed his executors to convey to Charles Tilton a lot he had agreed to purchase, on his complying with an agreement. No other land is to be sold until ten years after Dr. Palmer's death. To his wife, Wealtha A. Palmer, he left the net income from all the rest of his estate as long as she remains his widow, and at her death or remarriage the property is to go to whoever would by law inherit the same. Mrs. Palmer, Dr Warren B. Palmer and Dr. Charles A. palmer are the executors.
Ellen C. Hance left all of her property of all kinds to her sister, Sarah A. Nichols, who was also appointed her executrix.
Theodore Ashmore left all his property to his wife, Hannah Maria Ashmore, whom he appointed his executrix.
Mrs. Sarah Donaldson of Keyport left her lot in Green Grove cemetery at that place to Alonzo R. Armstrong. The rest of her property was left to Samuel C. Cowart of Freehold in trust, to be divided between Mrs. George Pratt of Brooklyn, Lottie Bonner of Brooklyn and Selena E. Bryant, Tessie J. Armstrong, Fred F. Armstrong and A. R. Armstrong of Keyport. Mr. Cowart was appointed executor.
Mrs. Euphemia Applegate appointed Enos Applegate and Walter W. Perrine her executors and directed them to sell all of her real estate and personal property and to invest the proceeds for the support of her daughter, Emma Applegate, during her life. At her death the property is to be divided between Margaret Danser, Enos Applegate, Elmer Wyckoff and Josephine Perrine.
Abram W. Flavell of Neptune township, directed that all of his property should be kept at interest until all of his children shall come of age. Then it is to be divided among them. Alice A. Flavell and Ellen L. Jacot were appointed executrices of the will.
Arnold C. Snedeker of Atlantic township left his farm, with the stock, implements and household goods, to his sons, Bernard C. Snedeker and Theodore A. Snedeker, for which they are to pay the estate $4,000. The estate is then to be divided equally among the above named sons and the daughters. The daughters are Mrs. Joanna D. Beekman, Mrs. Mary Hull and Mrs. Helena W. Elder. John Statesir and Bernard C. Snedeker are appointed executors.
Mrs. Sarah J. Davis of Freehold left her clothing, jewelry, carriages and furniture to her daughter, Mrs. Hannah A. Shinn. The rest of the estate is to be divided between Mrs. Shinn and William H. Davis, with the exception of special bequests to Mrs. Shinn and Walter T. Shinn. Mrs. Shinn and Mr. Davis are the executors.
Mrs. Elixabeth L. Lawrie of Freehold left $500 to each of her nephews, Dr. Edward F. Taylor, T. Forman Taylor, Henry C. Taylor, George Taylor, John L. Taylor and Gilbert L. Taylor. The same amount is left to Frank Newbold, and Lydia I. Newbold. To her neices, Mary H. Taylor and Eleanor Taylor, she left $3,000 each, and to another neice, Ann Ivins, was left $1,000. Mrs. Mary B. Haight was left $500 in trust for Eleanor Taylor, daughter of George Taylor, and $400 in trust for Mary H. Taylor, Katy Taylor, Carole Taylor and Linia Taylor, children of George Taylor, Lydia B. Woodward and Annetta Imlay will each receive $200. The Allentown Episcopal church will get $500. There are also numerous other small bequests.
Source: Red Bank Register, November 25, 1896