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

Orleans on the 18th instant, says tn. Bee of thai
city, III the fifth district court, by Isaac Johnson
esq" the attorney general, who, fully cognizant
or the value OF the hOmely proverb, "first come
first served" has taken the initiative in attempt
ing to upset the will of the late John McDonorh
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 busily 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.
tagr 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
That John McDonogh, who departed this life
on or about the--day Of October last left a
will, which was duly prrbated 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 lnga.
cies to his relations in Baltimore, and to certain
of his slaves, therein named, he proceeds TO will
and bequeath all the rest, residue and remainder
of his estate, real and personal, rs well that which
he owned ut the date Of the will, to w.t. 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-haf to each of said cities of New
Orleans and Baltimore, forever; to and for the
several Interests and purposes Hereinafter men
tioncl, declared and set forth contAinn. the
same.
The will proceeds to set forth the interests
and purposes for which the above lcgaces to the
said cities were made, us will be seen by refer
ence to copy Of said will, which is hrrcunto
| annexed.
The above requests to the said cities consi-
;uted very nearlyall Of his estate, the legacies
previously mentioned not amounting to one five
lundrcth part Of the vast property belonging to
his succession
BY another and subsequent clause in the will,
the testator made the following declaration.--
And it is furthermore my wish and desire, and
| hereby will, that in case there should be Il
lapse Of both the legnces TO the cities of New
| Orleans in 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 whatsoever, then both or
either Of said legacics, wholly or partially so
lapsed, shall inure far as relates to the city Of
New Orleans, to- the State of Louisiana, and so
far as 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 null and void and
that consequently they lapse, and the State of
Louisiana is entitled under the said will, to all
that portion of the estate of the said John Ne.
Donogh which was embracedin the said Legacy
to the city Of New Orleans, to Wit: to one half
Of the entire estate, after the lcgaccs to the
lations of the tcstatOr in or Lear Baltimore, and
to his slaves, are paid oft
The State of Louisiana alleges that the said
legacies to the said cities are 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 legacies, to convert all his personal cs
tate into real estate, and render the real csta tc
80 purchased, as well rs the vast quantity Of real
estate Of which he died possessed, forever in
| alicnabe.
TO create 4 capital Of real estate pcrpetually
increasing, which would Infinitely embrace al!
the landed property in the country
To establish fund so large 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 lcTaces void.
I'd. 1t was the intention Of the tcstator in
making those legacies to convey his property to
be held by title unknown to the law. As the
law requires an owner for every species Of pro-
perry and, as the title created by the legacics is
not recognized by the law, they are null.
3D. The said eyaries are sIbStitntions and
fdei commissa, which are expressly forbidden
by the law.
4th The said legaces are made upon impos-
sibe conditions, are contrary to public policy,
and are made to persons and corporations hav-
ing no capacity to receive them. They are.
therefore, null. AS the said legacies are void,
all the annuites and other egacies dependent
on them, must necessarily fall over with them,
but if not, then the plaintiff alleges that all Of
the annuities and all the legucics which were t.
be paid out Of the said legAcies to the said e.
ties, are subject to the same objections and are
null and void for the sl!ne reasons which nave
been he:einbefore urged against the validity Of
the lcgacics TO the said cities.
Rcserving the right. it necessary, to file q
more complete description Of the property
claimed, so soon as the inventories Of tie estate
shall be returned TO court, the plaintiff claims an
interest in all the property Of the succession Of
John McDonogh, and especially in all that pro-
pcrty mentioned in the "mrmoranda of nstruc-
tons TO the executors Of John McDonogh,' Il
copy of which is herewith filed, and also in all
that property which is mentioned in the list OF
hi. real estate contained in book marked or
labelled "Ledger' John McDonogh," now in
the possession Of the executors Of said estate,
and like interest in all the other property,
whether real or personal, Of which he may have
died possessed.
The petitioner alleges that the snne has been
duly demanded, but that thc defendants refuse
to deliver the same.
/ Wherefore, pet TONER prAi t'.at the executors
of the said John McDono-h, to wit: 4. Rose