New-York daily tribune., 1845-02-03
CRY INTELLIG ENcE.
'A.-
yfoe-ehance,Ior's Court.
Before Hos. wv. t. McCOus. Vice chaneeiio''
,'-' ,rrIs,oSs oS pExrRRER.

DECISIONS on DEMURRER.
Henry Whsr,on Ggiffi;hs Vs. Jerenliah to~ie and
.,s,, (,-ths fled crsitsfs bill. STATING tbat lnts-
~ 5,i besn ob,aaed the Cocr 81 t9Hlnos tE te
bstgk hy Victor CraSaus. acaIuSt Ar oNe ios 80 ~
NJ Tos > Naval olcsf OF tbs pot receiving ssii o. o.,
s5SU -er n1nun. h>ses psrru sIis &C nbCi , hlvv =.
.es -srv and TerqniS.es the complainant no n9is 20
s.e srcs ts Gebtvls CONTACTED M I3'sIe ha' ~ "a, 40
- y sssysrso1 10. the benefit o: cre,e.s and WHICH
aSsikprsest with view % hnaei anc s s % @ esin
,pi n possession and direction o. h e1.s iSin- IN oe ~
houses rent free and sad IL $ ; rot ssef s or % soT
irjnsf tst tie defendant ray BE- compelled 10 S3swe
On To- Tie facts N e casa and i.t receiver ae ap
POINTED IN relation 10 the inec;e. Sr OF M lows
ms the rth; AZ he pisrat TO discovery TO his Saa-
~ 5 l tbs lie sn1en; WAS Ids to hinder ard delay
) ros sT Stevenson refused 20 act Gnsr r. and NJ Han
dead sn he. Mr.. Tovie. acting. teaie 20 ne saic
in the name OF Mr. Hart As TO the house he (sir - eeet
pis 01e OF three belonging 10 the estae e'aectsd WIN
interest Of mortgage o SOU due upos sat one Of the oin
t honss G h b @ ne; @si,ns abe to e i # In. se
Pea md demurrer uyeErcd with costs, defendants 20 en
swer bill within % days.
John A. McCosker, an infant. by his mex, friend,
EizAhei Durnre, W. John K. Brady Mana Louisa Br5y,
and James T. B5cdY-in March, ++ Thomas McCesS (s
ther of complainant cd bill ssiins that ms ia;her John
yI that after payns debts his funeral expenses ard the
sys c Of IA be iS2 oans q s. faeE caS @ S a S ohsS
athnls Church-y and he gave his Thomas snnuty
md b,y | ne VA to have the house and r, No Isl iIos
on during life, Snd descend fee. his children
the sna!uder OF biz estate Consisting ot large property
dtsacd s ,hs corner s OAK and James streets and Other
u!scss amer dover his widow, 20 Ike 10 his
ohu and ecess OF John 10 his In the event Of
John dying The estate Ia IN thd hens OF
Thouas licSer (blother o the sad John McC. the elder.
Who were residing N ireland M McC. tne sder died S9
leaving sons John and Thomas his viii beng ural
tered The declined acting under the Will and the
estate the hands OF John the younger The Latter
also died IN Sf3 without ne or vthcu; ever hnviT: been
married. ana s wilt By which he added s5t0per anpun to
the annuity OF bis brother Thomas $500 IN the Cathode
Orphan Asylum. and the einardes OF his estate to Jai X
B,ndy aud S-r Louisa Brady tcttcn OF hs late Thomas
s Brad) and appointing ihe oroihsr James T. BRADY exc
cuor-the vii coI;aaigs clause that Il the SAID Thomas
contested the VII sad joha the Sner e ssV year de,
bill claiming partition the estate, SC lie also died soon
afterwards, and the present bill Is hst behalf o the son ot
Thomas claiming sole heF 70 Ms grandfather john Met &
ke elder. that Inc lreani named N te
VIII aliens. and could not inherit tie SEEKS 10 sSt ase
the will of John McCOser the younger. and iai Is not az
lowed that he receive, PARTITION the portion belonging 70
A demurrer was put claiming several points-hons
them TIM, applications 10 set aside VIII Gnd fo partition o
an estate cosd not embraced iH the biaS that
hill of the Snd could be entered behalf oi an infant, rs
he might not sanction whsu he became oi nee, &c,
The deBurrer was srgued by Mr. James t. Brady Tor sen
irnt npc iir ChHs O'CcnnoE Ur complainant lie aiter
cnntenGed Court of Chaneery has concurrent rrc
particnn! polgt, with the Enss Charcery puft
The Canceor considered that IN infant IN certain cases
max fla A bill Demurrer ayerrued.