Grant County herald. [volume] (Lancaster, W.T. [i.e. Wis.]) 1843-1844, 1844-03-09
GIRARD WILL CASE.
DINNEY AND wEsTER.


The following notice Of the counsel
engaged in this interesting case. now
before the Supreme Court, is given by
the Washington correspondent Of n.
York paper.
"In front, and some distance off, arc
four mahogany tables; seated at one CT
these is a small old gentleman, that is
the celebrated General Walter Jones;
next is Daniel Webster, with beet!ed
brew AID dark A..i: eyes, porting over the
papers, books, or printed statements
of facts in the case; behind him sits
John Cadwalader, ESQ, oil Phliadei-
phia. He is Horace Binney's son-ln-
law. At the table parallel 10 Mr..
Webster, you behold Horace Binney,
Esq, white hair, a large head and
frame, wearing gold speciacles, and
with strongly marked features. Next
to him is John Sergent Esq.
Thus you have sketch of the chief
actors in this great case. Mr.. Binney
represents the City ofPhiladelphia, is
one of the wealthiest inha bitants, and
in addition to the tax on his property,
which an adverse decision would cause,
long since gave an opinion favorable
to the validity Of the will OF Girard;
and having quit the court practice OF
his profession for some ten years. has
come down into the arena to sustain
his legal reputation against the deter
mined assault Of Daniel Webster! As
this cause turns OH the construction OF
Pennsylvania laws, and the law OF trusts
and uses, as in force in tina; State, Mr..
b. has evidently prepared himself full
ly on all points, and his commence
ment to-day was beautiful analysis OF
Mr.. Girard's will, the first seventeen
clauses of which, Mr.. B. stated, were,
among other things, devoted TO giving
TO these very heirs some one hundred
and forty thousand dollars, which they
had received. That Mr.. Girard had
named every heir Of his brother and
two sisters; and that so intent had he
been on excluding his heirs from more
Of his estate than he gave them, that
his will expressly created in one event
the State Of Pennsylvania, and falling
that, The United Staes, his residuary
legatee. That the Supreme Court
were therefore called upon to violate
clear intention Of the testator, by
construction oflaw, and to do that
which of all things Girard had wished
not to have done.
Mr.. B. then explained his construc-
ton ofthe word "residue" in the will,
and collated such clauses as, in his
opinion, showed that the requests I'M
der the will, in trust or otherwise, TO
the city Of Philadelphia, were fully
within the powers of the City Charter
and rights. When the Court adjourn
ed, he was just commencing on Paul
Jones, two great points, which were,
lst That the desires in the will were,
in their terms, void, from the conjoint
defect of capacities, both in the trus-
tees and cestui que trusts. I'd. That
even if the assertion in the first point
was erroneous, that, even then, the de-
sires in all their ends and aims were
against the policy aud principles OF all
the laws of the State Of Pennsylvania.
Mr.. Jones' argument, probably ow-
ing TO his i'll health, was rather dull
affair; and he spoke SO low, and with
SO much hesitancy, as to keep the
Court on nettles all the time. Mr..
Binney appears to have a very ample
brief, and to have every link in his
chain Of argument in IFS place. The
best evidence Of this fact, that Webster
and the Judges are kept busy with
their pens, noting his points and posi-
tons. The argument is very close,
searching and logical; and every now
and then Webster stops, takes a lon g
breath, and goes at his pen again.
Daniel, evidently, has woke Up, he is
not taking notes for nothing. 1t IS
going to be a tall fight and no mistake
and as the clear voice of the speaker
sounds through the arches, you can see
the people stretching their necks round
the pillars and over the screens. won
dering at the transition from General
Sones' soporifcs.''
Mr.. CHoArE's SUccEssoR.-Ion.
Leyerett Saltonstall will, it is said, be
the successor of Mr.. Choate, IS Sena-
,o., ra.~-, from, N,eSaaLngatta