The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-20

Kosoiusko's wills.
Several brei notices have lately appeared in our paper
noting the progress oil on trial 10 chancery be-
fore the circuit court OF this District insoFng me Vaid
ity aud construction OF several testamentafy bequess
made at various and distant periods by Gen Thaddeus
Kosciusko AS everything relating 10 this noble friend
of liberty and of America is interesting 10 our country
men we insert below, from the pen OF professional
gentleman engaged in the cause succncl but eompre-
hensive history OF the questions involved IN the suit
Tha venerable Chief Judge Cranch being confined By
sickness his house, the case was ed and argued be
fore the honorable Judges Morse and Dunlop The case
came up upon the bill filed by the heirs OF General Kos
eusko on the 26h day OF September ls4s against Lewis
Iohnson the actual administrator de bonus non OF Kos
cuskos estate jonathan b. II. Smith, administrator OF
The estate OF George Bomfo'd, The former administrator
of Kosciuskos estate aud James Carrco, Samuel Slot,
George Bomfod. Jacob Gideon, Ulysses Ward, and
Jonathan Il. III Smith, surees upon tue administration
bonds OF George Bomord; The object OF The suit Is 10
compel the Defendants BY decree, 10 account Tor the
assets OF The estate before the auditor and TO Obaln an
order commanding the sureIes OF Geo Bomord TO bring
into court $l3 5oi a0 with interest since the 1st OF
January 1917, which their principal, Mi Bomiord, ad
mlted, in bis last account settled with the orphans
court, be due from hun administrators OF the estate OF
koscusko. The was opened by Major g. Tochman,
who argued il for Two days with great abillly in which
all those who heard him The succeeding three
DAY the listened 10 the not less able and elaborate
arguments OF the counsel OF the defendants, Messrs
Redn Narbury and Richard Coke. On Friday and Sat.
urday last the addressed by the Hon Reverdy
Johnson who closed the case Tor the heirs OF koscusko
and speaker TOO well known To need' our commenda
ton The facts Of the case are these: Gen Kosciusko
in l79s, lett in the hands OF MIR. Thomas Jefferson
$1,000 90. He simultaneously lett with Mr. Jefferson
will, dated 9th OF May l79S, authorizing Mr. Jefferson
to employ this fund upon ms death Tor the purpose OF
purchasing and educating such negroes he choose
to make Them good husbands, good wives, and useful
ciuzens of these United States" kosciusko then exc
cuted another will in lso6 in France, by which he be-
aueahed out of the iund $3 ,70i 10 Mir. Armstrong
Of New York OF course pro tanto he revoked his first
bequest. (Ihis legacy, by accumulation OF interest
sweled to the sum OF about $4,000. is this will of 1906
which, few days ago. The jury by their verdict declared
be the last will OF kosciusko) AT the time when
Koscusko executed those Two wills (of l79S and
1S06) he was also possessed OF about 2l50oo francs
in France, England, and Switzerland which he then left
undisposed Of 1t commended by the counsel Of the
heirs that his original intention was 10 leave that fund TO
his next OF kim 70 be taken by Them under the statute
of distribution But he subsequently made acquaintance
and formed intimate friendship with MIR Zelner and
his family, with whom he resided in France during TWEEN
y years. and made up his mind 10 give 10 that family
considerable portion of his property This he did by the
subsequent wills bearing dates OF the 4h Of June, 1916,
and lOlh OF October 1877 which he executed at Soleure
in Switzerland during his temporary soourn there BY the
will OF 1916 he beqneathed 10 sundTy members OF Mr.
Zeners family about 100 900 francs, and directed that
they be paid out OF hs general property which he should
possess the time Of his death directing further
ploy for that puTo the hrst place. the funds which
he had in The hands OF Mr.. Hotnger, his banker,
Paris He then peremporly revoked all former wills and
Codlcs declared The will OF 1915 10 be his last will
By the will of 1917 he only bequeahed (speched theeln)
property TO other sundry members OF Mr.. Zenef's
unchanged and in iu force. Ii gued by the
sci OF The compIananis thai, independent OF The wills OF
l79S and 1916 being revoked both these wills are VOID
and null, according 10 the law OF kosciuskos cumci
the lime of his death, which, though he died IN SwItZer
land the counsel urged and have been France
These facts show that the heirs OF Kusciusko claim his
property being within this District The residue unds.
posed OF by any will They demand that should be DIS
bued among them under The statute OF Distribution The
first administrator Of the estate Benjamin l. Lear.
He settled wilh the orphans cout tour accounts by The
last. filed the 9Th February, ls4 he admitted that
that day he had in his hands in various shocks
$27,V9l 0S OF kusciuskos assets. Upon lears death
in 1882 George Bomord, who was executor and admin
isra,or iestamsnis cnnere OF Leas estate obtained
letters OF administration de bonus OF the estate of
koscinsko, and settled bls hrst account such admins
traitor with The orphans court on the 18th OF March,
1889 By this account Boniord admitted that upon
Lears death came into his hands as administrator d:
bos Of the estate OF kosclusko S3, 7s5 27k in
rious stocks purchased and LETT koscuskos assets by
his predecessor. Bomiord settled accounts with the
orphans court. BY the last, filed on the 7h oil June
1647, he admitted that that day due from him
administrator OF the estate S43 sos 40 with interest since
the Isl of January IsI7 Bat the heirs claim ten
twelve thousand dollars and offer 10 make their
claim good before the auditor The estate OF koscusko
appears. then. have swelled 10 The OF sixty -four
or sixty FIVE thousand dollars The suit for the recovery
OF this estate commenced by the heirs in the lifetime
of Lear, in about 1923, but this is suit !
menced in 1S4S In lsi5 the heirs found out that,
Ten twelve years previous 10 that date the sueles to
the original administration bond OF Bomiord died in.
solvent They Immediately instituted legal proceed
iags against Bomiod, 10 compel him either 10 bring
new security They succeeded after good deal OF
trouble, in obtaining two new administration bonds
in the penalty OF 100000, 10 which The defend
ants named above became sureles OF BomioTd. The
defendants admit that they entered into bonds for BON.
ford his sarees bat they plead in avoidance that
predecessor OF Bomiord, Mr. Lear having tuned into
money The original stock OF Tie estate, and having in
vested the proceeds into other stock his name Bonord
had right 10 possess himself OF that stock in the
capacity OF administrator de bonus OF the estate of
Kosciusko They maintain that the purch ased stock
falls within the scope OF administered assels and be-
longs The oi Lear To this the counsel OF the
heirs answered thai the sale OF the original stock and The
purchase OF the made by Lear in the per.
Torrance OF his duty administrators that Lear left the
stock ear-mafked assets OF Kosciusko's estate
and that OF IL the duty oil Bomiord admin
israor de boats n0n 10 tots stock and administer
IT. The defendants further pleaded that they not liza
BILE for The which Bomiod collected and wasted
before they entered into security for him The answer
was that this circumstance speaks stronger against the
defendants; for they gave security for Bomord during
The tendency oil the proceedings which the compainans
instituted against him to compel HIM either bring the
moneys INTO court or 10 secuniy II appears
that in the will OF 1917 Kosciusko expressed him
self u bequeslh TO Mr. and Mrs Zayief ZeIner all my
effects, teBdsD my horse and carriage included" This
clause, the counsel OF The defendants argued TAX - the
residue Of The estate from the heirs, and gives il 10 Mr.
and Mrs Zeltoer, who not made parties the suit
ne counsel Of the compliments referred the court
FRENCH dictionary and 10 the law OF France and argued
that tfes" means only clothes and room furniture
ne hose and carriage would not go TO Mr. and Mrs
Lezer under this clause bad not Kosclusko specified
mem alter the word tefS" The counsel OF the com
pshans urged that u there is any doubt TO their title
.bor d1ssltsnoans having no color OF lille 10 The estate