John M. Martin--February 9, 1889

CHARLES W MARTIN, ERNEST L MARTIN, GEORGE, E MARTIN, FRANK S MARTIN, JOHN M MARTIN, CHARLES T MARTIN, SARAH A FERRARD, HELEN M , BENTLY, ANDERSON A MARTIN, HELEN STAUB TULLY, GEORGE M STAUB, MARY EUGENIA STAUB BARTLE, CHARLES T PAGE, JOHN M PAGE, HENRY L PAGE, HELEN MAR ROBINSON, LAVINIA PAGE BARNES, MARY J PAGE, ROBERT A PAGE, ROLLIN M PAGE

Posted By: James Swan (email)
Date: 5/14/2002 at 22:44:32

Will of John M. Martin
New York Supreme Court
New York County
ANDERSON O. MARTIN, individually and as Trustee
appointed by the Supreme Court of the State of New York,
under the Will of John M. Martin, deceased,

Plaintiff,

AGAINST

CHARLES W. MARTIN, ERNEST L. MARTIN, (GEORGE
E. MARTIN, FRANK S. MARTIN, JOHN M. MARTIN,
CHARLES T. MARTIN, SARAH A. FERRARD, HELEN M.
BENTLY, ANDERSON A. MARTIN, HELEN STAUB TULLY,
GEORGE M. STAUB, MARY EUGENIA STAUB BARTLE,
CHARLES T. PAGE, JOHN M. PAGE, HENRY L. PAGE,
HELEN MAR ROBINSON, LAVINIA PAGE BARNES,
MARY J. PAGE, ROBERT A. PAGE, ROLLIN M. PAGE
and THE AMERICAN BONDING AND) TRUST COMPANY OF BALTIMORE CITY.

Defendants.

The plaintiff by Opdyke, Willcox & Bristow, his attorneys, for his complaint and cause of action against the defendants, alleges on information and belief:

I. On or about the 9th day of February, 1889, the above named John M. Martin died, leaving a last will and testament, a copy of which is hereto annexed, marked " Exhibit A," which was duly admitted to probate on the 18th day of June, 1889, by the Surrogate of the County of New York, as a will of real and personal property.

II. The said John M. Martin, deceased, in and by his said will, appointed as his executors thereof his wife, Henrietta Martin, one John M. Hutchinson, and the plaintiff, Anderson O. Martin. The said John M. Hutchinson pre-deceased the said John M. Martin and said Henrietta Martin alone qualified, and letters testamentary on said will were duly issued to her, and she thereupon entered upon the discharge of her duties.

III. The said John M. Martin, deceased, in and by his said will, after the payment of debts and after a bequest to his wife, the said Henrietta Martin, of $5,000 in lieu and bar of dower, gave all the rest, residue and remainder of his estate, real and personal, unto the said John M. Hutchinson and Henrietta Martin in trust, to and for the purposes hereinafter mentionedãthat is to say:

FIRST. TO hold the same during their lives and the life of the survivor of them.

SECOND. To collect the rents, issues and profits thereof and apply so much of the same as may be necessary to the payment of taxes, assessments, encumbrances on the property and expense of the trust.

THIRD To apply the balance of such rents, profits and income to the support, education and maintenance of the living children of his brother Charles T. Martin, deceased, and of his brother William C. Martin, deceased, and the issue of such as shall be dead leaving issue during the continuance of said trust estate, share and share alike; the share or shares of such issue to be the share or shares which the deceased parent would have taken if living.

FOURTH. After the death of said trustees, the whole of said trust estate to be sold, and after paying the expenses incident to such sale, to pay over the balance of the proceeds of such sale to the children of his said brothers then living and the issues of such as shall be dead leaving issue, share and share alike, the issue to take the share or shares which the parent or parents would have taken, if living, the said sale and distribution to be made under the direction of the Supreme Court of the State of New York, by persons to be appointed by said Court for that purpose.

IV. The said John M. Martin died seized and possessed of the following property which passed under the said will and became upon his death subject to the said trust therein and thereby created:

A farm of about fifty-four acres situated on Staten Island, Richmond County New York.

House and lot situated in the City and County of New York, know as No. 418 West Fortieth street.

Eight lots of land situated in Brooklyn, New York, at the corner of Ninth avenue and Nineteenth street.

Five lots on Meadow street, eleven lots on Fairmont avenue, two lots on Walnut and Spring streets, the said lots together making about four acres, and situated in the City of Elizabeth, N. J.

Mortgage on woodland property at Lebanon, Conn.

One share of stock of the New Yorl~ Law Institute.

V. On or about May 18th, 1891, in a certain proceeding theretofore duly instituted by the aforesaid Henrietta Martin in the Surrogate's Court of the County of New York for a judicial settlement of her account as such executor, a decree was finally made and entered judicially settling and allowing her account, by which it was adjudged and decreed that after the payment of all debts and obligations of the deceased, and the said legacy of $5,000, and the expenses of administration, there was left in the hands of the said executor the sum of $1,774.49, and that such sum should be paid over unto the said Henrietta Martin as trustee as aforesaid, to hold in trust to and for the purposes of the trust hereinbefore mentioned, and the said sum was thereupon paid over to her as trustee under the said will. Thereafter the said Henrietta Martin invested the said sum, and during the continuance of her trusteeship paid over the income therefrom in accordance with the aforementioned trust.

VI. The foregoing property mentioned iu paragraphs IV. and V. hereof constituted the entire principal of said trust as it came into the hands of the said Henrietta Martin, and was taken possession of and held by the said trustee by virtue of the right and authority conferred upon her by the said will. The said Henrietta Martin thereafter continued to act as trustee under the said will and to collect and dispose of the income of the said trust estate until the time of her death, under the provisions of the said will creating the trust.

VII. The said Heurietta Martin died in the City of New York on the 27th day of October, 1899, 1eaving a last will, in and by which she appointed one Thomas M. Martin as one of the executors thereof, and the said will was duly admitted to probate by the Surrogate of New York County, and the said Thomas M. Martin duly qualified as such executor, and letters testamentary were duly issued to him as sole qualifying executor, and be thereupon entetred upon the discharge of his duties as such.

VIII. The above-named plaintiff Anderson O. Martin on or about November 9th, 1899, filed a petition in this Court praying, among other things, for his appointment as trustee to sell and distribute in accordance with the terms of the last will of said John M. Martin, deceased, and under the directions of the Court, the said trust estate hereinbefore referred to, upon his filing security with this Court for the proper performance of his duties as such trastee; due notice of the filing of said petition and of the day to which the hearing thereon was adjourned, was given to all the defendants herein except the defendant The American Bonding and Trust Company of Baltimore City; thereafter on or about December 5, 1899, an order was made on said petition and entered in the office of the Clerk of the County of New York appointing said Anderson O.Martin trustee, under the will of said John M. Martin, deceased, in accordance with the prayer of his said petition upon his filing security; thereafter the said Anderson O. Martin, as principal, filed with this Court his bond in the sum of $50,000, with The American Bonding and Trust Company of Baltimore City as surety, for the faithful performance of his duties as such trustee, which said bond was approved by the Court, and the said Anderson O. Martin thereupon entered upon the discharge of his duties as such trustee.

IX. The said Anderson O. Martin as such trustee aforesaid, thereupon took over the property hertofore mentioned in paragraph IV. hereof, for the purpose of sale and distribution in accordance with the will of said John M. Martin and of the order appointing him trustee aforesaid.

X. Thereafter and on or about the 23d day of October, 1900, in an action in the New York Supreme Court for the County of New York between the aforesaid Thomas M. Martin as sole acting executor under the will of Henrietta Martin, deceased, as plaintiff, and the parties to this action (except the defendant The American Bonding and Trust Company of Baltimore City) as defendants, a decree was duly filed in the office of the Clerk of this Conrt settling the accounts of the proceedings of said Henrietta Martin as such trustee aforesaid during her lifetime, and of the proceedings of said Thomas M. Martin as sole acting executor under the will of Henrietta Martin, in relation to said trust, and decreeing that the said Thomas M. Martin, as executor as aforesaid, pay over unto the said Anderson 0. Martin, as trustee, aforesaid, the balance of the moneys in his hands as such executor impressed with the said trust, less the costs and expenses of the said action, and thereafter the said Thomas M. Martin, as executor aforesaid, paid over unto the said Anderson 0. Martin, as trustee aforesaid, the sum of $1,562.37, as such balance.

XI. The property mentioned in paragraphs IX. and X. hereof constituted the entire principal of said trust as it came into the hands of the plaintiff herein, and the only principal with which he is chargeable as such trustee aforesaid, and which it became his duty as trustee to sell and distribute in accordance with the will of said John M. Martin and of the order appointing him trustee aforesaid.

XII. The plaintiff has fully and fairly performed all the duties imposed upon him, as the trustee duly appointed by the Supreme Court of the State of New York to sell and distribute the trust estate created by the will of said John M. Martin, deceased, in accordance with the fourth sub-division of paragraph 3 thereof, except as to the distribution of the balance of the proceeds of the sale of said trust estate now remaining in his hands undistributed. The plaintiff has sold and transferred all tile property mentioned in paragraph IV. of this complaint, and has received therefore on the dates set opposite thereto the amounts set forth in Exhibit B hereof.

XIII. The plaintiff herein presents herewith his final account, which is hereto annexed and marked Exhibit "B," of all his receipts and disbursements as trustee aforesaid from the date of his appointment and qualification up to the present time, and prays that the same may be finally settled by the Court, and the distribution of the balance now remaining in his hands may be ordered and decreed.

The total amount of cash received by plaintiff as such trustee and shown by Exhibit B is: $42,201.90
The total expenditures and disbursements made by the plaintiff as such trustee as shown by Exhibit B is $39,157.84
Leaving a balance on hand subject to directions of the Court of $3,044.06

XIV. The plaintiff the said Anderson 0. Martin and the defendants Charles T. Martin, Ernest L. Martin, George E. Martin, Frank S. Martin and John M. Martin are the only living children of the said William C. Martin, deceased, mentioned in the said will of John M. Martin, who were living at the death of said Henrietta Martin. There is no issue living of any deceased child of the said William C. Martin, deceased.

XV. The defendants Charles T. Martin, Anderson A. Martin, Sarah A. Ferrard and Helen M. gently, are the only living children of said Charles T. Martin, deceased, mentioned in the will of said John M.Martin, deceased, who were living at the time of the death of said Henrietta Martin.

XVI. The defendants Helen Staub Tully, George M. Staub, Mary Eugenia Staub Bartle, Charles T. Page, John M. Page, Henry L. Page, Helen Mar Robinson, Lavinia Page Barnes, Mary J. Page, Robert A. Page and Rollin M. Page are the only issue, living at the death of said Henrietta Martin, of a deceased child or children of said Charles T. Martin, deceased.

XVII. The plaintiff individually and the above-named defendants, and the defendant The American Bonding and Trust Company of Baltimore City are the only persons having any interest in the said trust estate or in the administration of the same by the plaintiff, and their interests are in the following proportionate amounts, viz.:

Charles W. Martin, one-twelfth; Ernest L. Martin, one-twelfth; John M. Martin, one-twelfth; Frank S. Martin, one-twelfth; George E. Martin, one-twelfth; Anderson 0. Martin, one-twelfth; Charles T. Martin, one-twelfth; Sarah A. Ferrard, one-twelfth; Helen M. gently, onetuelftb; Anderson A. Martin, one-twelfth; Helen Staub Tully, one-third of one-twelfth; George M. Staub, one-third of one-twelfth; Mary Eugenia Staub Bartle, one-third of one-twelfth; Charles T. Page, one-eighth of one-twelfth; John M. Page, one-eighth of one-twelfth; Henry L. Page, one-eighth of one-twelfth; Helen Mar Robinson, one-eighth of one-twelfth; Mary J. Page, one eighth of one-twelfth; Robert A. Page, one-eighth of one-twelfth; Rollin M. Page, one-eighth of one-twelfth; Thee American Bonding and Trust Company of Baltimore City, surety on Trustee's bond.

Wherefore the plaintiff demands judgment against the defendants as follows, viz.:

FIRST. That an accounting be had between the parties hereto of and in respect to the said trust estate, and a judgment and decree made directing the disposition which the plaintiff is to make of such moneys as are in his hands or with which he is chargeable.

SECOND. That the statement of account contained in Exhibit " B," hereto annexed, be ad judged and decreed to be correct, and that plaintiff has fully and faithfully performed all his duties as trustee as aforesaid, except the distribution of the balance now in his hands.

THIRD. That the plaintiff have his commissions, costs and disbursements of this action to be paid out of the said trust estate, and that upon performing the acts to be ordered and decreed in the judgment herein, he be discharged and his bond canceled.

FOURTH. That the plaintiff have such other and further relief as may be just and in accordance with equity.

OPDYKE, WILLCOX & BRISTOW,

Attorneys for the Plaintiff

STATE OF CONNECTICUT

COUNTY OF NEW LONDON,

ANDERSON O. MARTIN, being duly sworn, says that he is the plaintiff in tile foregoing action; that he has read the complaint therein and knows the contents thereof; arid that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters he believes it to be true.

Exhibit A.
Will of John M. Martin

IN THE NAME OF GOD, AMEN, I, John M. Martin, of the City of New York`, Counsellor at large now residing on Staten Island, do make, publish, and declare this as and for my last Will and Testament.

1st. I order and direct all my just debts to be paid, as soon after m;y decease as may be.

2. I give to my wife Henrietta Martin, Five thousand Dollars, in lieu and bar of her dower in my estate, and I give her no larger sum because she has no children and is rich in her own right.

3. All the rest, residue and remainder of my estate, real and personal, I give to my cousin John M. Hutchinson and my wife Henrietta Martin, in trust to and for the purposes hereinafter mentioned, that is to say:

FIRST. to hold the same. during, their lives of the life of the survivor o£ them.

SECOND. TO collect the rents, issues and profits thereof, and apply so much of the same as may be necessary to the payment of Taxes, Assessments, encumbrances on the property and Expenses of the trust.

THIRD. To apply the balance of such rents, profits and income to support, education and maintenance of the living children of my Brother Charles T. Martin, deceased, and of my Brother William C. Martin, deceased, and the issue of such as shall be dead leaving issue during the continuance of said Trust Estate Share and Share alike; the share or shares of such issue to be the share or shares which the deceased parent would have taken if living.

FOURTH. After the death of said Trustees, I direct the whole of said Trust Estate to be sold, and after paying the expenses incident to such sale to pay over the balance of the proceeds of such sale to the children of my said brothers then living and the issue of such as shall be dead leaving issue, share and share alike, the issue to take the share or shares which the parent or parents would have taken if living, the said sale and distribution to be made under the direction of the Supreme Court of the State of New York, by persons to be appointed by said Court for that purpose.

LASTLY. I nominate and appoint the said trustees and Anderson 0. Martin, of Lebanon, Connecticut, Executors of this my last Will and Testament.

IN WITNESS WHEREOF, I have hereunto subscribed my
name and affixed my seal the 8th day of April, 1871.

Signed, sealed, published and declared by the l above named John M. Martin, as and for his last will and testament, in presence of us, who at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.

Note.ãThe words " I gave" and the words" on the property," on the first page, inter-lined before execution.

(Signed) EDWARD HARTLEY, 89 Henry Street, Brooklyn, NY

(Signed) WALTER H. COLEMAN, 17 Lafayette Place, N.Y. City

(Signed) JOHN M. MARTIN, [L.S.]

(Signed) JOHN hI. MARTIN [E. s.]

Signed, sealed, published and declared by the said John M. Martin, the said testator, as and for his last -will and testament, in the presence o£ us, who in his sight and presence, and at his request, and in the sight and presence of each other, have subscribed our nannes as witnesses thereto.

(Signed) EDWARD HARTLEY,
No. 89 Henry Street, Brooklyn.

(Signed) WALTER H. COLEMAN,
No. 863 Sackett Street, Brooklyn.

(Signed RUDOLPH C.OAKLEY,
Rahway, N.J.
If anyone knows the maiden name of John M. Martin's wife, Henrietta, or if you have any information about the persons named in this document, please contact me.

Will of John M. Martin
 

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