Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-01
Coroue,,. Oaice.


SEPTEMBER 30.-Sdis of Poison 10 Chiidren-
The Coroner was called TO No. 40 Delaney street, to
hold inquest on the body OF John Nantine, aged
a, native Of New Jersey, and a house carpenter
by trade. Itappeared that the deceased had wife
and family, and occasionally got very drunk, at
which times he was perfect mailman. Having
been out froickng for days, he got into Of
his mad fits, and sent his eldest child aged years.
to fetch gill Of laudanum. The child went 10
shop kept by an unlicensed apohecary, at the cor
ner of Eldridge and Delaney streets, and the man
let her have two ounces, which she took to her in
fstuatcd parent which he swallowed In the presence
Of his wife and family, telling them what he had
done The wife Immediately ran and got medical
aid, but so potent was the desc that be had taken,
that all efforts TO remeve it were Intellectual He
died in few hours.-yerdict, suicide by lsudanun.
RIoHrs OF ALIRxs-A case has recently been de-
cideded by Judge Bermudez, Of the Probate Court
Of the parish and city Of New Orleans, involvingan
important principle respe citing the rights Of aliens
in this country The point Of Law arose in the set
Element of the estate Of Alexander Milne, recently
deceased, who left immense property 20 be distri-
bued in accordance with the directions Of his last
will. Among other Parliamentary depssitions, was
legacy Of SlO0000 to the city Of Fochabersa Scot
land, the birth place Of the tesator An application
20 the court OF probate for the Request, made in
due form by the Duke Of Richmond, to whom, Il
seems, the city Of Fochabers belongs. His Grace,
claims the legacy for his own: To this application,
the heirs and other egatees Of Milne ade strenuous
opposition. The chief objection TO the right Of the
Duke and the city Of Fechabers TO receive the le-
gacy was, that they aliens, strangers 10 the
country, and therefore incapable OF reeeivinga be-
quest Of the kisd left By the last will Of the aeceaed
The law on which the eppcnsn,s relied is contain
ed in the Nth article Of the Louisiana code II de-
clsres that donations inter riros and orfs oassa,
may be made in favor Of a stranger, when the laws
Of his country do not prohibit similar disrosiions
from being made in favor Of citizen II this state.
On the trial Of the case, the laws Of Scotland were
introduced to show what rights citizen Of Louisa-
ma would have, to whom bequest, under similar
circumstances, might be left in Scotland.
nd hats N IL 4
cured upon land considered az heritable property
well as rights to land, whether Of property or life
rent which cannot therefore be acquired BY an aen
either by purchase or succession
The legacy left to the city Of Fochabers, was, 10
all intents and purposes, what the Scottish Law de-
scribes as heriiable properly, beng oequest o.
ceased had devised large legscies to charitable in
stitution within the state, to be paid by preference
and the charge for settling the estate had exhausted
the proceeds OF all the movable estate the residue
Of the assets consisting OF notes secured real pro-
perty. Thus the character Of the legacy, as a be.
quest Of heritable property within the purview Of
the Scottish law, AZ once fixed beyond question.
II was clear then that citizen Of Louisiana could
net have received adonstion Of the same kind, left
to him in Scotland. Aud as our law osly allows such
donations 10 a stranger, when the laws Of his
try do not prohibit similar dispositions being made
in favor Of a citizen Of this state, we think Judge
Bermudez right in deciding that the Duke Of Ricn-
mond is Incapable OF receiving the legacy left to the
city Of Fcchabers by Alexander Milne There is
sousd policy as well az equity in the decision. IL
| citizen Of the United States csnnt succeed TO an
inheritance in Scotland or Great Britain, IL is but
Just that the citizens OF those countries should be
placed under the same disabilities here. Rseipro-
| city Of benefits 10 the only rule by which rights
Of the kind should be regulated. The loss OF lew
such egaeies may perhaps teach the intolersnt le-
gislatures Of Esrore 20 extend q larger share II
courtesy 70 foreigners and aliens-Nsw Orisons
Bee Of Sept. IL.
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