The New York herald., 1845-01-28
In Chancery!

Before Vice Chancellor McCoun.
JAN. N-.d Hoar on the Tice ChanceIlor.-Hs Honor on
taking his seat upon the Bench took up letter. which
had been addressed to him. without signature and
closing newspaper paragraph, which il appeared had
Honor decision in the oase Of and we
respecting the disposition Of their two children The de-
he rst Chinese judge" His Henor the Vice Chancellor
asked the Clerk how II came before the Court7
CLERK can't say, your Honor.
desk, when the following decisions were given -
Joseph r. Mills, Executor Of William Fogel Susan
liam Fogel, who had been then domiced at Bridgeport
Connecticut, died having made will by which he left to
his wife, the defendant onethird of his real estate during
her life time The remainder OF his real aud personal
tate he left to his children by former wife Sub.
sequent to the making Of the will II appeared
whom provision was made in the will consequently
she contends that the estate ought to be divided accord
the tesator having died in that state His Honor held
that the testator being domiced in Connecticut at the
time Of making his w end also at his decease the laws
of that State should govern all questions that may arise
in relation to the matters at issue between the parties in
far the will had reference the personal estate Of
II
ty attached to and followed the person OF the
its distribution by will in Of ntestacy to be 60
verned exclusively by the law Of his actual demice a.
the time Of his DEATH without regard the place sites
of the property ITSELF This well established rule
Wiz real ssas
prevailed In Of inteztacy the descent and heir
ship Of the real estate was exclusively governed by the
laws OF the State country within which it situa-
ted If there be WILL the capacity Of the tesstor, the
extent Of his power to dispose Of the property and the
and effect to be determined ve so From the facts
stated in the bill and answer in the present cause,
obvious that was the duty Of the executors in the rs
have gone with the WILL for probate, before
the proper officer Connecticut and there ask for tesla
they in getting admitted to probate and get
ting the letters testamentary there they should then and
not till then have come to the surrogate of New York
for letters founded on the probate Of Connecticut fthey
had taken this there would have been necess
y for their asking the aid and direction Of the Court Of
Connecticut woaid have determined the question whe
thsr the will was good in relation to the personality
or whether the subsequent birth of child unprovided
for, should operate as revocation. The widow had
pc feet right to have that question In Connec
tcut where the husband had lived and died and fthe
executor did not produce the will there for probate 80
to give an opportunity ofmeeng IT, she could apply for
letters OF administration and having obtained them, she
would be entitled to take out letters here
80 as to entitle her to herself Of the person
al estate within this Jurisdiction In relation TO the
real estate in New York, the will probably good
one press the title according to the sws o. hs state
already been done hut the executors had no interest IN
the real estate and no concern with IT. except as mere
donees Of naked power of sale; and that too, upon
condition that the widow shall concur and release her
dover There devise tho real estate to the ex
ecutors in trust and trust created except to in
vest the proceeds after the SALE In relation to hs real
tate M income its proceeds there appeared to he not
h least 5 w To e aa OF
there was no propretv in the complanSns coming into
Court therefore that bill be dismissed with costs
to be paid de bones proprios
Eiishs Peck q ais rs. Robert Elder ct aIs-This was
motion made by the owners OF property in lst Avenue
Attn street. for on injunction prevent the Butchers
Melting Association" from continuing a building now
in progress Of erection in that vicinity the ground
that was nuisance Atwo fold injunction grant
ed, commanding the defendants to desist erecting the
building for the purpose Of carrying the melting bust
n uOod 6r rQtta nf tbp INN
ton which allows the parties 10 erect the building but
prohibits the fixing o cauldrons any articles for ,ho
use or purposes OF melting house. which the injunction
expressly prohibits.