Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1850-12-14
VIII or John EEcDonugia,

ctrfa11---THE STATE or LOUISIANA Us
THE MAYoR, ALDERMEN AND TNHABiTAar
or New ORLEANS, AND THE ExEcUToR'
OF THE ESTATE OF JOHN MeDoNoeH -
The BAH was fairly opened ydesteflay il
the Fifth District Court, says the New
Orleans Bee, Of the 9Th Instant, by Isaa,
Johnson, Esq, the Attorney General
who, fully cosnizant Of tile value Of TN
horiielv provefb ifFifst come, fret served,
has taken the initiative iii attempting Il
upset the will of the late John MtDoncgll
This movement, which is ciearly fore
shadowed in the annexed petition hel
yesterday, In the Fifth District Court, was
evidently made for the rutpose of out
tlanking the heirs, who are now busilv
engaged ia preparing their attacks on the
Estate through the medium OF the IT, S,
District Count. Tile Attorney General ii
fast gentleman, aud thus far occupies the
vantage ground Of his competitors. We
copy the petition verbatim, SO that onr
readers may be fully appti2ed of every
move III this important nintter:
10 tie Honorable, ths fudge Of the Fi7h District
Coait of fstp 0f}eias TIE Pslpf9n of he S.dts
Of Lofrst,lai, ie5efa teD,Sssat{ b4 the .4ituyney
Gtasyal, isdae jofnscn respectfully represents:
That john McDHou Ia WHO depaftel
this life OH or about the - day Of October
last, lett a will, which was duly probalel
ca, the 29th day of October. 1850, ia this
Honorable Court, as will more fully APP
pear from reference to the ptoeeedin 5s had
in the matter OF the succession OF John
McDonogh.
BY said will, after milking certain small
ierpcies to dis rel1 in Bait more. aud
10 certain Of his saves, therein named, he
proceeds to will and baqueath all the rest,
residue and remainder of his estate real
personal, "a well that which he owned at
the date OF the will, to witt the 2yth of
Dscembet, 1888, as xiat which he might
subsequently have acquired upto time Of
his death, OF whatever natiire it might be,
aud wherever situate, unto the Mayor, Al
dermen and Inhabitants of the city OF
New Orleans IN the State OF Louisiana,
and the Mayor Aldermen and inhabitants
OF Baltimore, i'll the State Of Mafylnnl,
and their sncce ssors in equal proportions
of one llaH 10 each OF said cities of New
Orleans aud Baltimore Forever; TO AMI for
the several interests and purposes therein
niter mentioned, declared aud set forth
containing the same.
The wi proceeds to set forth the inter
ests aud putp5ses for whicl the above
le esaeles to the said cities were made, n
will BE- seen hy reference to acopy oil
cad wiA wAieii islleFeante annexed.
The above bequests 10 the said cities
constituted very nearly all of his Estate,
legaaes previously mentioned DO amounts
iag to one Ave hunlredth part OF the vast
property belonging 10 his succession.
lsy another aud subsequent & ai.e in
the will, the testatof made the 10 lowin
dec 'aFalion, Aud it is Furthermore my
wish and desire aud I hereby will, that
ia case there sheu a be lap.e of both
the legacies to the cities OF New Orieans
in the Stale of Louisiana aud Baltimore
ia tire State Of Maryland, or either OF
them, wholly, OF il pars. by refusal to de-
cept, or any other cause or means wha 60 |
eser, then both or either Of said legacie.s,
wholly of partially so lapsed, shall enute,
40 far as relates ta the city oB New Or
leans, 10 the State OF Louisiana, and so |
far as re.aies 10 the city OF Baltimore 10 |
the State OF Maryland, that the Legis.a.
tare Of those States may carry my inten, /
tions as expressed aud set forth il this my |
last viii and testament into effect as far /
nnd in The manner which viii appear to |
theul most proper.
Now the pahitiif ALLEGES that the said /
legacies aud helne sts 10 the said cities of
N.O }. Baltimore ate lie sai, mall aud void:
and that consequently tAev lapse, AMI the |
State of Louisiana is entitled under the
taid viii, 70 al thar poftionof the Estate
Of tae said Johu MeDenegh which wsts
embraced i'll The said legacy 10 the city Of
New Orleans, To wit. to one hasf OF the
rntira Estate, after the legacies to the
-elations OF tl,a Iestator ia af.near Balii-
more, aud to his slaves are paid of.
The Stase Of LouiSiana alleges that the
mid iegaciss TO tlae said cities are null and
toiSs, for following reasons
ist. It was lhe iaieasion aud purpose OF
he Testator, t,s shown l,y the will, aud
,arfiel oat by the le.gscies, 10 convert ALL
fis personal estate into real estate, and
render the real estate 50 purchased, rs vel I
as the vast quantity Of realestase Of which I
he dled possessed, forever iaaa ienahle.
To cresste a capital OF real estate per-
netnally increasing which would aliinateh
al the laaael property in the
soansry.
To establish a find so large as TO be
70 commence and dan gerons TO the
peace and prosperity Of tie State.
All Of whish purposes are illegal. con-
rary to pubic policy. aud render the said
egaeies yeisg
2L It was The intention of the Testator
% making those leeacles. ia convey lis |
property tohe held by title unknown to
he law. As the law requires an owmerI
or every species Of properly. and as
he title cseased BY the le gacies is net
by the law. they are nai
5li. The said legacies are sabstitutions
md sfzes eouatSsSs1. Which are expressly
by flse Jaw.
4ta. TIE sslid lcgacies are snade upan
conditions. are confrarv to pub
IL posiey, and ass made 10 persons aud
operations haxlag 70 capasisg 3 reeelse
1 LAX Il