New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-11-28

Law Courts.
ASSISTANT VICE CUANCELLoR's CoURr.-Bciore Asst
Vice Chancellor kobinson-Ut!tdm Var HooN ana
Others Executors Of ibrdhdm Sands Samuel Romdne
and Others Erecu;ors So Of Benjamin Romaac-Ihe late
Mr. Romano died or years ago leaving about 9uVV
10 his six children or the children those who de
ceased Among the former arc Mrs II. NJ Western and
Mrs c. Nichols In 1913. Mr. K borrowed OF the Sands
estate $3.50 for which he gave bond and mortgage
bill fled oreclose the mortgage. II was taken
confessed by o the hel- but contcsteu oy Oth
crs OF the latter are child of Mrs Gaul gyandchild
of Mr r. child of Mrs Olmstead, do and child OF
Mira Nichols, all of whom have claims under the Will
The bill ia also opposed by Mr II. NJ Western and wife
Argument in the heard yesterday Messrs.
n Van Vranken and r. II Waller appearing Tor com
pansnts Mr. 4 e Morrison for the infant oianl, Mr. j.
K. Whiting for the infant Nichols MI J. Edwards ior
the infant Olmstead and MIR Western Tor himself aud
wife
the ground taken in behalf OF the infants Is, that the
bond aud mortgage are null and void by reason oil III
competence oil mind on the part oil MY Romano
tn rough old age, &c. TO execute them. Mr. Western
repudiacs this doctrine 20 tar the bend and mort
gage concerned and the mortgage shall be paid
il it has be out OF the share OF himself and
wite-that the name of Romano shall never suffer in
that wayne ntcnds however that the mortgage should
be paid out of the share of Mrs Nichols the amount
having been borrowed by Mr.. Romano especially for
her the third codici the will of Mr. r. stating the
$500 concerned and saying ii should
be charged of the and paid out oil ii
IL also stated that Mr.. Charles Nichols husband Of
Mrs n appointed by the President Consul to Am
sterdnthat he got in debt in Paris and was in prison
there-tha; Mrs Nichols in 1913 to her father,
tNr Romane from Paris stating the inct and request
ing her father send $500 10 her at that place immed
ately and that the amount might be charged to her
sharesso that the was necessary, as the appoint
had been confirmed by the Senate and II might
not be If the detention was known, &c.
Mr. Western stated that n -i2 the high mode OF Nv
ing the n family had caused Mrs Nichols to have OBJ
tanned advance 5000 to $4,000 from the estatc-it
mutually agreed however that the debt or amount
should be forgiven her, and she share equal with the
other i've children their survivors with the under
standing that any money obtained from Mr. Romnne.
after that by either OF the children, should be conceded
a part Of their share. Mr. r. also gave IN -4} TO Mr..
R. J. Dillon, one OF his grandsons, promise that ne
should have an equal amount at any time with what
was given Mrs Nichols The seventh codcil 10 the
will releases Mrs. Nichols's share from the especial!
charge OF the $500 bat Mr. Western contends that she
was bound TO By her contract with Mr. B.-he also
contends that when Mr.. K made the seventh codic he
was not OF sound disposng mind, II being nine mouths
after be made the third codic and but four months
previous to his death. The case was ably argued De
csion reserved