Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-10-15

no Esty - ~ the eeath OF hp Dat6vorthy fatheEs
in-law. An interlocutory decision was recently
made in the Court of Chancsry, by Judge Edwards,
which, If carried into effect, takes away at least
SooooOO Of the property Of the late A, L. Stewart,
Esq, and eoniers it upon the wife q Major Nchol-
son. Of the United States army, and her sister, who
are both Lispenards, and descended from the same
ancestor from Whoa the family of Alexander l..
Stewart inherited. .
About two years ago, the evidence in this singular
case was taken before Judge Campbell, the Surro-
gate of this city; that occasion our reporter ire
quently attended, and in the examination II the wit
nesses, some ofthe most singular developments were
made that can possibly be imagined The claim set
up covered fourth part of the whole Lispenard
property, principally situated in Hudson street, and
in the ncighborhood Of Hudson square. Originally il
was worth very little more than $1,000 per acre-but
the lapse of time the mprov Of the city, and
the growth the country have Increased its value to
about taco millions Of dollars at this day. All this
property, before il reached this value, fell to the
ownership of the late A. l.. Stewart, Esq, through
his wife, the daughter Of old Mr.. Lispenard-and by
him it was improved and made thus valuable. At
his death, he devised the whole to his brother Ro-
bert Stewart very intelligent, shrewd and talented
old gentleman now alive.
The singuarty Of the matter is that, although the
late Alexander had family of and five dangh-
ters-and most amiabe and respe ctable family they
are yet he set aside the whole of them, his chill
dren, and gave the two millions TO his brother, who
has the absolute and legal power to do with it what he
pleases. We do not suppose that Robert Stewart,
who is a very sensible and right feeling old gentle
man. will leave this property to other than the
turai and rghtfu heirs, but still the very possession
Of such a power, conveyed from brother to
- LII oof: - .ao
matter Of singular aspect.
Be this it may, fourth part Of this large es-
tate or about $500 900, has now been decided by
the courtsfrst, the Surrogates Court, and second
ly, tie Court of Chancery-to rightfully belong to
Major Nicholson, of the army and to his sister in
law. 1t it probable, however, that the defendant,
Robert Stewart, Esq, will carry the suit up to the
Chancellor himself, and ultimately to the Court of
Errors Until legal question is settled in the high
court Of there is contingency hanging over
the natter but the plaintiffs having already pursued
successfully through two courts beth Of great dscri
mnation and legal it is not very probable that
it will be reversed hereafter And If it should not be so,
but the ether hand be confirmed, such decision
will reduce the aggregate Lispenard estate from
g. OOO 900 81 500 900 of which Col f Robert
Stewart pleases in his legacy, will come in for
sixth part, or $3.50 600 The holders Of property in
and about Hadson square, whose titles from the
late Mr.. Stewart will be reimbursed, and kept good
BY the whole balance Of the property-so that in this
respect is matter Of little consequences what be-
Of the fnal question, now mooted in the
courts, affecting the S5O0000.
But the most striking thing in this affair 10 the dis
position Of the whole property - H. Stewart by his
late brother A. l.. Stewart whose six children are
entirely dependant the good will and disposition
hofcr thn~ r
their fathers property. We never heard OF case
similar to this except one whichis alluded to, Incl
dentsy in the Causes Celsbres Of the French courts
The family OF the late Mr. Stewart the most amir
able, moral, respectable people in the word-with
dignity and sweetness Of department. sombined with
q simplicity and unaaectedness, which are not SO
frequent in these days they were in former times
They are at that age, too, when fortune be en-
joyed-and they would enjoy il without abusing it.
This makes il the more remarkable why such
strange disposition Of the property should have been
made. At all events, although Col. Webb can
hardly count one Of his "chivalric friends.
yet we really wish Robert Stewart would set aside
what property would be sufficient to support himself
the remainder Of his life and magnanimousy divide
the rest Of his brothers large estate ameng his bro
TIERS amiable children. An act Of such magnanimi-
ty would confer more pleasure upon rghtfeeling
heart than the exclusive possession Of the Indies for
a few days at the dull and blunted end Of human
life II such q spirit as think possess were in
his souls tenement Of fesh would do IL at once,
as.onsh the world, surprise the angels in heaven,
and have the exalted pleasure Of seeing young men
and young women around my knees, pouring bene-
dictions and blessings on my head.
PHrLrp HosE.-We have neither time nor room
this week, 10 give reasons plenty as blsckberries"
why the name Of Philip Hone the candidate for
senator Of this district, will endaBger the whole
wing ticket But that is our firm and Interchangeable
opinion To avoid this catastrophe the committee
ought at once TO consider the nomination. with
draw his name, and put up with the real
elements Of popularity. IL is entirely impossible
that he be elected and the sooner he retres from
the canvass, the more time he will have to attesd
the festivities Of the Hone Club, the card playing
Of the Union Club. During the next winter, there
are tn be dozen OF public dinners These matters
will furnish Mr. Hone with subjects suitable TO his
tastes and capacities. He can preside at dinners,
bat not make laws-and least Of ALL laws setting on
its lcgs a grand cash system. His credit system
we We had enough Of. &
THE LuHsER TRooPs.-For the last two or three
days--Sunday excepted-the city has been alive
with drum aud 6fe, playing such merry tunes a. the
| 90 Roeue's march," I" Der the hills and far away, "
I'D be soldier" etcetera, to keep up the spirits