The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-05-28
Law Intelligence.

TO masters IL appeared that the minors, who
aged thirteen and the other eleven years. are
entitled each to of 600, under the will of their
grandfather the late James Roosevelt, which is vested
in real estate in various parts Of the city On the 18th
of February 1874, their mother died On the Goth Of
May following, Mr. Michael Burke their father was APP
pointed guardian Of their persons fortunes and in
the month Of June in the year. the master report
ed that of $4,000 would be fit and proper to
be allowed their father for their maintenance aud educa
ton having due regard to their rank in society tn r
future prospects in life Mr. Burke undertaking to
mage their property without any compensation the
port duly confirmed and order entered on the
10th Of June emitting him to retain that Of the
rents and profits of heir estate Some short time since
Mr. Corns g. Roosevelt, the maternal uncle Of said mi
became dissatisfied with the allowance made for
their support and education preferred petition to the
Vice Chancellor, alleging that MIR. Burke Of sufi-
cent ability to maintain his daughters and praying
that the order Of the LIST of .ay S4 might be varied
and the order Of goth June asde-whereupon
der was granted referring the to report on
the allegations and statements contained in til. petit
ton In pursuance of said order, the master made his
report by which he cut down the allowance to $500
year. To this report exception was taken,
the ground that the school bill alone the
children, amounte to the sum Of $1,000, exclusive of
bills for clothing, medicine, &C. The came this
morning, when MIR, Knox heard for Mr. Roosevelt,
od essrs Sanford and OConor were heard in reply
The latter gentlemen took the grounl, that Master
bound to look beyond the savings of minors
estate; he bound to take into consideration the
Of their fortune in connection their future
advancement in life; that is he bound to allow their
guardian such would not only enable him to
give them suitable education but to provide them with
suta residence curing their vacation and to intro
doce them into respectable society In Short to enable
him to take advantage Of every circumstance, to form
their manners and tit them for the rank and station in
society which their fortunes entitled them hereafter
fill; this they conended the rule laid down by Lord
kdon and followed by his successors in Office Decision
reserved.
John Steward Us. John Winter and John b. Savres
This was motion to dissolve injunction. The de-
PENDANTS previous to list May 1917 leased from COM
plsnant the store No Is William street. the term Of
two years the LIST Of May 1917 The lease contain
ed covenant the part Of the Defendants that they
would carry the regular dry goods obbing business
and no other kind Of business The defendants tered
into possession and commenced to carry their bus-
ness la Tho store making their sales by pub
lie auction This mode of doing business the plaintiff
deemed to be violation Of the and filed his
bill for junction. to restrain the defendants from
selling in that way, alleging that they collected
ed to nuisance In the ncighborhood and that,
in consequence, defendants property was
la value The Defendants counsel moved to dissolve
the Injunction this morning and insisted that the cove
nant was not either directly indirectly violated
There business carried but the dry goods Job
bling business, and at most the plaintiff could only COM
PLAIN Of the mode ia which it carried on but un-
fortunately for him the did not prescribe the
mode IN which IL was to BIS conducted add. secondly,
therc were halt dozen other houses same street.
and within hearing, in which the same business was
carried on, and in the manner and thirdly,
where party has his remedy ut law court of equity
viii not interfere to relieve him except In a case Of
waste here there Is pretension of waste Decision
reserved.
COMMON PLEAS, May 27.--Before Judge Ulshocffer
ETphifct Browne, Jr. Us. james Raymond This was
action for work and labor, The plalnti Is ltho-
graphist ana defendant Is owner Of menagerie. The
latter procured drawing Of the Capitol ut Washington,
together with his car and sent IL to plaintiff to be tho
sraphed and paid him $50. The plaintiff demanded