The New York herald., 1850-11-16

TIE McDoNoUoH Secession oN-Judge Watts has
fled supplementary petition TO the one presented
by him before the opening OF the will OF Mr. John
MeDonough, praying 10 be appointed curator, ad-
mnistrator, dalive testamentory executor of the
succession. He afiirms that the said pretended
Geographic will is wholly null and void, because il
gives TO the Mayor, Aldermen, and inhabitants of
New Orleans and Baltimore all the real aud per-
sonal estate OF the deceased on condition that It
never be alienated and sold that perpetuity Is
created in the succession, and that the commits
sioners, TO be appointed in accordance with the
provisions OF the will, are not and may never be
in existence corporation, which the will directs
them 10 be by acts Of the Louisiana and Maryland
legislatures; that the will dictates to the States
OF Louisiana and Maryland laws and statutes, and
creates novel, unht ard-of and unconstiiutiona al
character OF property, contrary 10 all the laws,
rolicy, and principles of property known TO the
constitution and legislation of Louisiana; that the
execution Of the will in the manner dictated therein
Ia mpracticable, and in contravention of existing
laws, statutes and constitution of Louisiana that
as nearly all the estate Is not disposed OF to any
person in being or in relation To the estate, the
deceased must be considered 10 have died intes-
tate that there was not at the date of the WILL has
not been since, and is not now, any corporation in
existence as The Mayor, Aldermen and inhabitants
Of the city OF New Orleans; that as the provisions
Of the will are illegal and unconstitutional, the
nomiQations Of the executors must be declared null
nnd Void that the legacy over 10 the States Of
Louisiana and Maryland Of the estat. Tin case OF
lapse or inability by the city corporations 10 carry
out the provisions of the will, or Of comproTniae
between the two cities) is wholly null and void for
the same reasons that the legacy is void concern
ing The cities OF New Orleans and Baltimore.
The petitioner, therefore, prays that the will and
the appointment OF executors be declared null and
void, and that he be appointed curator admiRistra-
tor OF the McDonough succession, or daiiye tesla
meniary executor OF so much Of the will rs car be
executed, and that an inventory be made Of the
property, Of The succession by a notary public, t.
be appointed by the court u the COURT Of opinion
that the will is good and valid ss far 81 regards
the appointment of executors aud the charge upon
them TO ray debts and the legises TO deceased's
sister end her children, &c, the petitioner then
prays that John McDouoJsh be declared to have
died intestate IN all other respects, except The pay
me Mt OF such debts &c, and that he, the petition
er, be appointed curator, Administrator, or diuve
testtmeniaTy executor ct ell the remaining estate.
The petitioner Trays that tha executors already
qualified, and those who maybe qualified hereafter,
be cited 10 answer this petition; that curator dd
hoc be appointed to represent the executors residing
out OF the State, upon which curator the original
and supplementary petition be served; and that IN
due course Of time the corporations OF New Or
leans and Baltimore be made PARTIES 10 this suit or
curator appointed TO represent thcm.--NS'- Or
ttars Dtlt0, Nov 6.