The New York herald., 1846-03-03

In ChanCerYs-EIrSt Circuit
Before Assistant Vice Chancellor Sandford.
MARCH, Trustees Of .As separate estate Of NJ Mon
roe wife ef He" Jsmss Mo.ros vs.. George Dorgias-
and George Griffin Esqrs for defendant. Messrs Ger.
ard and Pls The argument in this important case was
was fled in May si2 to compel the defendant to &c.
count for and collae bring into hotchpo the portion
s WscS ne received ed o. MS unos over and ao9ye
snce, or excess was taken by him on the plea
Of primossniture, and in this suit amounts to
make the proceedings Ineligible, 1t is necessary to
state some circumstances in advance Sir VIM. Doug
ton pending arose, commenced life with no other
advantages than energy and talents Tor business These
London and trading with this country he amassed ve
large fortune With this wealth, thus acquired he
20
end there erected building which he called Douglas
Castle subsequently, on carrying up an address: to the
a. was then usual than OF present He Afterwards
died unmarried In the year lsoo upon which his title
became extinct and his rsaidence is owned by
Of his niecss, having changed its Gelson
tie By the will or trust settlement of Sir VIM Doug
equally between his three brothers-Janes Samuel and
George The last named had emigratcd this country
married and settled here and father to tho parties
IN this action-0eorge Douglas and Elizabeth Mary
Monroe. He died in 1899, having become an American
citizen and refusing at his death to make will. the
best arrangements Of property for every one. The
clause Of Sir Williams settlement which gave
the death Of his brothers, their shares Of his pro.
perty should 60 to the heirs Of their bodies, the
q GrShsr to succeed to the share Or hrd
he been in life ]" with recommendation to his brothers
to settle their estates with what they might
coed to In virtue OF his settlement, in such manner
that the same might continue long possible in the
male ne Upon tho death Of the tsstaor his brothers
James and Samuel assumed in Scotland the trust
nded to them by his testsmentary settlement, the
brother George being dead and his children residing
the whole real estate in the hands Of one member
Of the family with q view to give it importance, the
the a
they minors. and incompetent to consent subss.
interests those Of is brother and three sisters
at En6%rsh u.e.. under under
Sir Williams settlement, against the children Of their
them belonged hs real and which the personal estate
their father would have succeeded to had he been in
life and to sxonerate themselves from further concern
IN that question At the time these proceedings took
pended between scotland and this country. The dc.
was served with process but the other defendants Rs
brother and sisters had notice Of what going on
In less than five months from the time the suit COM
menced however, a decree was obtained declar-
ring him the heir at law and entitled to the whole
cn
his being declared heir. his uncles bought from
they had sp sppsd il liz, % mohsr
OF the suit in Edinburgh which occurred in 1914 and OF
the consequent sale Of their fathers portion Of the real
estate the heirs IN this country were unnormed until
their brother George returned home after the SO
soon as this came their knowledge the question was
started to his right to the real estate and the discus
sion has since been kept up in the family But un
til MIR Cruger went TO Scotland, and brought the estate
1882 the ounger children Of George Douglas of New
York, were not in position to bring their brother to
reckoning and contribution for until then was not and
could not have besn asceraned whether their shares Of
personally would not be equal to the Of the
real estate in his hands In the meantme the defendant
had converted these into cash them
dren and settled himself finally near Flushing on Long
than himself interfere with the rights Of his brother
and sisters b transferring the property from Scotland
and BY Continuing what he was born, an American ci
zen he came under an oblgston to conform to the Prn
Of property imposed by our laws.
Henry Rhodes George Rhodes and others
@. D. Beers and Amass Dana for complainant 8.
B. Cushing for fer eisndants Decided that the agree-
6caly performed though not in writing. Decree, that
the defendants release and convey the farm question
Green Tamase, Receivers Of the U.ca Inssranee Com
pany vs.. :asapA Seymour and ohsrs.W. Curtis Noyes
defendants Decided that the business Of which this
suit was prohibited by la OF the stok
having M G osUrs votsa % 10
gage conveyed title to the Utica Insurance Company.
Bill dismissed with costs.
James Bloodgood Carter vs. jones Bloodgoods Ereeu-
tors.-M. 8 Bidwell tor complainant D. Lord for de-
PENDANTS. Decided that under will Of James Blood.
good the children Of his deceased daughters take the
same interest in the estate as either one Of his
surviving children take respectively. Also, that
s did oss o w A'
decided. T. Bloodgood, in his individual capacity,
being necessary party. suit to stand over and costs
and further directions reserved.
CanfyeH b. Leee and sthers VS.. Charlotte Rhodes and
An. Nc Cready-R. H. Ogden and D. B. Ogden for COM
Decided that compianons' remedy for any mistake
surprise motion to set aside the sale Of the lots
Maiden lane that there not any contract proved
any fraud which entities compainants to redeem those
| lots. Bill dismissed without costs.
Charles G. seAmed6e,s's .adminisrecr ". Wht!ssey
Tan NosfrandJ. ". Platt for complainant j. g. Bos-
worth for defendants. Decided that Whittlesey was
bound by his note for $Seoo whether the Halliday
notes were usuriou: or otherwise that the bill is sus
tanned to his liability pay that note endorser, and
complainant 10 entitled to transfer of the American Ex
change Bank stock held by Van Nosrand with costs Of
suit.
Pulaski Jscks and Others ". Dspid B. NeAols-J. NJ
e mote. IN =.
and must be delivered and cancelled and the coat
note Of $500 restored to complansnts and defend
ant to pay costs. Deposition Of Woodruff taken for
Ms'y = and EGsaSeth H. Green, VS.. sawus' Storm and
w. A. seely for ODaniel g. Buckham and T. sandlord
for q. sellsck Decided that setof il not admirable
81: o e. up a.
original mortgage. Decree for complainant. for the
mortgage debt and costs; (onstAird 70 be paid to NJ
Green's executrix except the costs made by proving
details OF accounts in favor of T. r. Green and Green
Mitchell.
Henry Haniey fyrastes Of Mrs. Pinkerton, James
Carroll and othersJ T. Brady for compainants z. c.
Benedict for defendant Carroll Decided that Pnksr
ton from e3 to be deemed mortgage In possession,
and twohirds Of the net rents from that time 10 ap
ply on compainanti mortgages References ordered 70
ASCERTAIN same and the amount due complainant Costs
and other directions reserved.
Common Pleas.
Before Judge Ulshoefer.
MARcH 2.-Spyssue Moorehead.-Ths was
tion for assault and batterythe plaintiff 10 cartman
and the defendant stage driver II appeared that in
September last the plaintiff and defendants stage
into collision in Broadway and the defendant struck
plaintiff several violent blows with his whip, cutting him
severely in the face. There was no defence, and the
jury found verdict for plaintiff $780, For plaintiff, Mr.