The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-26

The GREAT LIsPRKARp CASE DEcIDED.-lhis
great and exciting case is at last decided, and the
will Of Alice Lspenard is broken-at least SO lar as
the verdict of twelve honest men Is concerned. II
has occupied the Superior Court for the last Tort
night, making twelve days and Judge Oakley re-
marked that it is by far the most arduous and i'm
portant case which has ever come before him.
1t has createda vast deal OF interest and excite
ment, not only among the large number of persons
directly and indirectly interested in the result Of the
suit. but also among the great multitude of the pre-
sent occupants Of the Lispenard property-to say
nothing Of acquaintances and the public gene
rally
The case having been decided, let us take calm
and dispasslonate view OF the effect and conse-
quences OF the verdict, both immediate and re-
mote.
Notwithstanding the present verdict is for the
plaintiffs, yet there have been several exceptions
taken on both sides but none of them are be-
lieved to be of any difficulty or importance.
The actual recovery In this case is only for one
undivided l-l60th part of lot No. 40 Watts street,
which is one tenth of Alice's sirtsemh. But as the
verdict finds that the deed and will both void,
1t may be understood as settling betwe the
plaintiffs and Robert Stewart, who will scarcely
stand another trial, the right Of the plaintiffs and
the other heirs to recover their respective shares
These shares are three perhaps four l6Oth parts,
viz: the present plaintiffs (he children o: Theophy
lact Bache Lispenard) one l6Oth part; Mrs Mich.
olson one l60th part, and Sarah Lispenard one
l60th part; and if Mrs. Sarah B. Livingston be not
cut of by the deed of her husband and herself, she
also is entitled to one l6Oth part; the six children of
Sarah Stewart being each entitled in their own right
TO one l6Oh part of the whole estate or onetenth of
Alters sixteenth; and il Mrs. Livingston be
stopped by her deed, to her share also.
We understand that the claims to real estate
affected by this decision cannot be estimated above
900 TO each heir. The particular 10, in this suit
Is worth about $1,000, and the actual recovery in
this suit is about $50. The method OF arriving at
these l6Oth partsis this -Anty Lspepard, Jr., was
entitled to oneourh of the real estate of his father
BY his death in 1907, his SHARE (the estate being
then undivided0 went to his brother Leonard, his
sister Mrs Sarah Stewart, wife OF A. l.. Stewart,
his sister Alice, and his nece Sarah Bachc, wife of
H. M. Livingston, each taking one-fourth of Ant'y
Lspenard, Jr fourth, or sixteenth of the whole.
On Ahce's death, her real estate, il she died ntes-
tate, went TO her ten nephews and nieces, viz the
six children OF her sister Sarah Stewar Mrs. Nj
cholson; Sarah Llspehard; and Theophylact B. Lis.
penard, Gall being children of Leonard Lispenard,
brother of Ace,) and Sarah B. Livingston, wife of
r. M Livingston, each receiving tenth, which is
tenth of a syteenth, equal to one l6Oth of the
whole original estate. The wife of Colonel James
Watson Webb is one of the six children of Mrs.
Sarah Stewart, nove named, and will be entitled
by this verdi. n. share of the whole es-
giving oue Webb, by legal right, pro-
perry which he now mas only in expectancy upon
The will and pleasure of Robert Stewart.
On the whole, it is very probable that MrlRobert
Stewart will now make an amicable arrangement
Of all these difficulties. He is estimated to be worth
about million and half of dollars and therefore
the payment of 40 or 50 thousand dollars to each of
these heirs, will make but very small inroad upon
his whole estate.