The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-24
Law Intelligence.


SUPREME CouRr-IN EauIrY.-Before Judge Edwards
-Leger US BonaGe ct dI-Ordsred that the Injunction
this cause be made absolute and that II be referred
to Ogden Edwards, Esq, to appoint receiver Of the
Of the notes received by the agent Of Bona from tho
complainant the sale Of the bills Of exchange
toned in the bill Of complainant which have been as
signed to Delaney & Co.
Joseph Harrison Us. Chs. Pdget-This was action
Of The plaintiff let to defendant the house No
SAYS year The defendant Afterwards subet to three
other persons at the aggregate rent OF $500 The plain
meut by which, plaintiff reduced the rent to S450 and
defendant assigned to plaintiff the agreements Of the
rents The plaintiff alleged tbat he could only collect
portion Of them, and brings his action to the
balance from defendant AMER the case was part gone
Mr.. Terry for defendant Mr. P. Wilson.
SUPREME CovRr, Feb 2s-In Equity-Before Judge
Edmends - Gideon and Joseph Tucker, bv thar ntrt
friend. Us. Jtmima Tucker and Moses 7ucker.-The
compliments grandsons Of the late Mr. Gideon Tucker
fled their bill praying to set aside the WIN and codich
made BY Mr.. Tucker, the ground that the same is
and praying that it may declared the tssator died
without making devise OF any part of his lands real
estate and directing partition and cenvsyance Of the
accordingly. The grounds upon which the decree
IL sought for TO- frst, that the estate dsvsed to the
widow in certain Of his lands for the tenn Of her fe
missed by the revised statutes is trust under the
first revised statutes section 55 division in which
Of
Of Mrs Tucker and for ono year thereafter; oonse-
quently, all remainders limited thersupon void,
beng TOO remote. The objection avoids the de-
wise for the benefit Of Charles aad tho devise for the
benefit of the testators four grandchildren And IL
respects shares devised Moses and Johns at least
two life estates must have been enjoyed before the
life estate, for the benefit Of Charles take effect
in possession. i Is devise OF three successive
his issue limited thereon also void being too remote
And, lastly that, If some Of the remainders are
limited 40 to stand alone they might be sustsined
yet many Of the NEST important provisions Of the
viii void for i.gality, the whole offset and design
81 an the .sstor Ssd never MADE sny devise On the
part Of the defendants commended that the plain
tits not being trustees or executors have no right to
As bill for the purpose Of obtaining the construction
the testator's will and the bill must be dismissed
less the compainants show upon the face Of il and
the answer tsst they entitled to relief The WILL it
was said gave an estate 10 certain houses to two grand
the testator with remainder to their ,ue and
in default OF such ISSUE IN alternative estate In fee to
tsstators four children, who therein named 10 was
oontended by defcndants counsel that this device
not repugnant to the revised statutes because the
death the gsndsons tho gft must take effect In
favor their iue Of tho children the tests
tori and the same remarks ara equally applicable to the
On III. .ssh h
four children In fee Is valid the provo that the proper
ty eight houses should not pass to the possession
OF the children aud grandsons until one after
the death marriage Of the testators widow cannot
suspend the Of alienation each OF the graadscns
having vested although future estate and the right
Of possession being otherwis. disposed Of
the sh clause to the resduary devsees tenants
in entitled 70 the possession OF the eight houses
marriage Of the widow upon which the four children
and srsndsops will be entitled in ssverslty, under the
4th clause to house and lot each 1t was further
insisted that upon the will being analysed according 10
law provisions would be found consistent but that
even II thers provisions which we're repug-
nant and therefore void the Others which indepen
dent and per Sc valid cannot be invaldated.
surgNros CoUnr, February e3.-Before Judge vau-
derpoel-Da Ma cin vs. c. mr. Davidson -Acton Of
ejsctment for recovery Of house and lot In 9th street
Verdict for plaintiffs subjsct to the opinion Of the
Court In Bsnco.
Before Judge Oakley.
Fernando Wood Us Jacob s. .9ndtfsoB.-Action on
check for $780, dated 9Th May 1sA7 payable to plaintiff
or order From tho testimony It appeared that the
paintn endorsed the check and procured Mr. Babbage
to advance the money upon the assurance that would
be paid The check, however, not paid, and plao
tiG had to take u up For the Defence attempt was
MAIDS to prove that plaintiff recovered bill from de-
PENDANT before the check due which he to get
cashed, and apply part of It to take up the cheek
The proof failed, and the Judge directed the jury 10
End o verdict for the plaintiff Verdict accordingly for
the plaintiff 1914 For plaintiff, Judge Inglis for de-
fsndant, Mr. Grif1n.
yiiitam Motif %. Josspk swith--ActIou for the use
and occupation or horss In Broadway. Verdict fss
YiAiptia
AaS lSSss' rhs Slkas0a ~ss snsleysA " AsfsadsaNs