The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-17
The McDonogh Est ate.

| LOUIsIANA.-The ball was fairly opened at New
Orleans on the 18th instant, SAYS tn, Bee of that
city, IN the fifth district court, by Isaac Johnson
esq. the attorney general, who, fully cognizant
OF the value OF the hOmely proverb, "frst come
first served" has taken the initiative in ATTEMPT
ing to upset the will of the late John McDono1h.
This movement, which is clearly forshadowed
in the annexed petition filed in the fifth district
court at New Orleans was evidently made for
the purpose of outaanking the heirs, who are
now buslly engaged in preparing their attacks
on the estate through the medium of the United
States District Court. The attorney general is
fast gentleman, and thus far occupies the van,
tagc ground OF his competitors. We copy the
petition verbatim, so that our readers may be
fully apprized of every move in this important
matter
TO the Honorable the Judge of the fifth district
court Of New Orleans: The petition of the
State Of Louisiana, herein represented by the
attorney general, Isaac Johnson, respectfully
| represents
That John McDonogh, who departed this life
on or about the--day of October last left a
will, which was duly prcbated on the 2sth day
Of October, 1850, in this honorable court as will
more fully appear from reference to the proceed
ings had in the matter Of the succession of said
John McDonogh.
BY said will, after making certain small lrga.
cies to his relations in Baltimore and to certain
| of his slaves therein named, no proceeds TO will
and bequeath all the rest, residue and remainder
Of his estate, real and personal rs we'll that which
he owned at the date of the WILL to wit, the 10Th
Of December, 1888, as that which he might sub
sequently have acquired up to the time of his
death, OF whatever nature it might be, and
wherever situate, unto the Mayor Aldermen and
inhabitants Of the city Of New Orleans. in the
State Of Louisiana, and the Mayor Aldermen
and inhabitants Of Baltimore, in the State of
Maryland, and their successors, in equal proper
tons Of onc-half TO each Of said cities of New
Orleans and Baltimore, forever; to and for the
several Interests and purposes Hereinafter men
toned, declared aud set forth containing the
same
The will proceeds to set fortI, the interests
and purposes for which tho above lcgacics to the
said cities We're made, us will be seen by refer
enco to copy Of said will which is hcrcunto
annexed.
The above requests to the said cities consti-
;uted very nearly all Of his estate the lcgacies
previously mentioned not amounting to one five
lundrcth part Of the vast property belonging to
! Ills succession.
BY another and subsequent clause in the will,
the testator made the following declarations
hereby will, that in case there should be
lapse Of both the lcgncies to the cities Of New
Orleans il the State Of Louisiana and Baltimore
in the State of Maryland, or either of them,
wholly, or in part, by refusal to accept, or any
other cause or means y hatsoevcr, then both or
either of said legacies, wholly or partially so
apsed, shall inure far relates to the city Of
New Orleans to the State of Louisiana, and so
far relates to the city of Baltimore, to the
State Of Maryland that the legislatures Of those
States respectively, may carry my intentions as
express ed and set forth, in this my last will and
testament, into effect as far and in the manner
which will appear TO them the most proper.
Now the plaintiff alleges that the said lcgacies
and requests to the said cities of New Orleans
and Baltimore, are illegal, nall and void and
that consequently they lapse, and the State Of
Louisiana is entitled under the said viii, to all
that portion of the estate Of the said John Me
Donogh which was embraced in the said legacy
to the city of New Orleans, to Wit to one half
of the entire estate, after the egacics to the re-
lations of the tcstator in or Lear Baltimore, and
to his slaves, are paid Oft
The State Of Louisiana alleges that the said
lcgacies to the said cities null and void, for
the following reasons:
lst. 1t was the intention and purpose Of the
testator, as shown by the will, and carried out
by the leyacies to convert all his personal cs
tate into real estate, and render the real estate
80 purchased, as well rs the vast quantity of real
estate of which he died possessed, forever in.
alcnable.
TO create captal Of real c~tate pcrpetuay
increasing which would Infinitely embrace al!
the landed property in the country,
To establish fund so Iarrc as to be ruinous
to commerce and dangerous to the peace aud
prosperity Of the State
All of which purposes are Illegal, contrary to
public policy, and render the said cracies void
I'd. 1t was the intention of the tcstator, il
making those legacies, to convey his properly to
be held bv title unknown to the law. As the
law REQUIRES an owner for every species of pro-
perty and. as the title created by the legacies is
not recognized by the law, they are null
81. The said leyariesa are sub,,itntions and
Rdei commissa, which are expressly forbidden
by the law.
4th. The said legacies are made upon impos-
sibIe conditions, are contrary to public policy,
and are made to persons and corporal ions Iav-
inc no canactv to receive them They are