The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-01-13

JAN. l2-The following decisions were given this
I NieAoias IT. s,even. w. J. G. H. Lnsman.-This case
came DIP on the petition Of Stevens who, having in his
books and papers belonging to one Mel
ton respecting will had been disposed Of His Honor
denied the prayer Of his petition, with accompanying
David Cooper, at ss John Woolsey, At ais In this
case the complainant applied for order upon
ssS nss benefit the
bankrupt act) and to have the paid over TO him.
Cooper in order to make up deficiency still outstsnd-
ing on Coopers claim purchaser Tor the equity OF
demption The Court said that similar cases had come
before Courts Of Equity and had been granted and the
collected, towards sstfying the demand in question.
augustus r. Csvman DsnieI C. Kinssland et sls-
In this bill was Hed, for which, from judgment
and bill. the defendants demusred The complslnsnSs
taned and claims that the bend void because usu
rous interest had been taken in it, negotiation TO this
the defendants demurred, the ground that he too
late to obtain relief he had suspended Judgment
to DO obtained against him. The complainant responds
prove this fact ON the trial. account Of his aida
E attached e ne ncS Ssip:
hs e msuS Dosv OATH
Court say that party has good defense to make, he
establish it trial, and not apply to this court
for relief or Naturalization. This complainant might
have obtained necessary evidence BY filing bill Of dis
covery which ne had failed to do The bill was. there.
RoossysI, ne1t Friend etc psBmke This was matter
brought up through petition praying that en- order
made for allowance to Mr. Burke, Gather Of TWO chill
mother being dssd may be vacated These children
entitled to an estate Of $50 ooo-ths income Of which =
SIS 500 The father was order ofthe court appoint
sent petition to the master requiring an appropriation
Of 50 500 (which accorded to hm ~ suitable pro-
vision their support and education and suitable
reward for his services In the conducting and
ment of thsr estate The representations made to the
master being entirely par and unknown to the rela
tves generally of these children the uncle steps in and
protests against this large amount and pray. to have
order should not be entirely vacated and In 90 DOING
proper regard should be had to the Of the parties
In the matter This property was derived from the grand
they hold entirely independent Of their father The court
further held that the father bound provide for hi:
children, IL he il known TO be able TO do 30, and
without regard to the possessions Of his children The
step father il not SO bound. The only case whore
father IL relieved from such responsibility 10 whore
conclusivey apparent that he unable, from his own
which their fortunes entte them to- 1t appears that Mr.
Burke received $4,000 upon policy Of insurance Is
sued upon the Life Of his wife. and has been admitted a.
attorney In the Supreme Court. although he derives
his time being wholly employed In the management
of his children's estate; and, therefore, that the
provision allowed him by the master e no more
and the necessary means required for the support
and education OF his children in that style and po
ston In life to which they are entitled. Under these
had not the mems within himself To- bring up hi. chill
dren they should be brought up and that would be-
therefore, improper and unjust to vacae the order Of
master altogether It's reasonable and proper that ne
should be allowed something. ard yet the court does not
feel ct liberty to say how much he should receive or to
vacae this order altogether The SUM stands seems
too large and he therefore would suggest that
q"ir s into the ssty Of Mr. Burke, and learn hov
far necessary to appropriate from the income Of the
chidrens estate toward their suitable support