Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-06-21
NATIONAL lNTELLIGENCER.
KoscIUsKo's WILLS.

ClaQcery D6OTc tic SICut SOuIh Vi shiS DaS"ASS
involving the validity and construction OF several
,esamentary requests made at various and distant
periods by Gen. THADDEUs KoscIUsKo. As every
thng relating to This noble friend Of liberty and OF
America is interesting to our countrymen, we IN
sert below, from the pen of professional gentle
man engaged in the cause, succnct but compre-
hensive history Of the questions involved in the
suiti ..s..s.
The venerable Chief Judge CRAscH being confined by
sickness to bis house, the tried and argued before
the honorable Judges MoRsELL and DUsLor The case
came up upon the bill filed by the heirs Of Gen. Kocusko,
on the goth day September ls4s against Lewis johnson,
the sexual administrator de bons Of Koscuskos estate
Jonathan B. H. Smith, administrator of the estate Of George
Bomford the former administrator Of Kociusko and
James Carrico Samuel Stot, George e. Bomord, Jacob
Gideon Ulysses Ward and Jonathan B. H. Smith, sureties
upon the administration bonds Of George Bomord The OBJ
jet Of the suit compel the defendants by Decree to ac
count for The Of the estate before the auditors and to
obtain order commanding the surees Of George Bomford
TO bring into Court S43 40 with interest since the lst of
January s47 which their principal Mr. Bomfod, admitted
in his settled with the Orphans Court to be due
from him Of the estate Of Kosciuko The case
was opened by Maj @. TocHMAs who argued for days,
with great ability in which all those who heard him
succc00ng nfee suo eos
able and elaborate arguments of the counsel of the defend
ants. Msssrs REDrs, MAasURr, and RIcHARD 8. CoIE.
On Friday and Saturday last the Court addressed BY the
Hon. REvERDr JoHssoS who closed the for the heirs
Of Koscusko The reputation Of the last named gentleman
rs lawyer and speaker well known to need COM
incubation The facts Of the these Gen. Koscus
ko in 1898, left in the hands of Mr.. Thomas Jefferson
Sl7O9999. He simultaneously left with Mr.. Jefferson
will dated 5h Of May, 1898, authorizing Mr. Jefferson to
employ this fund upon his death for the purpose of purchas
ing and educating such negroes he choose TO make
them good husbands good wives and useful citizens Of these
United States" Koscusko then executed another will, in
1906 France by which he bequeahed, out of the same
fund.- 49, 7O4 to Mr. Armstrong. of New York; of course,
pro anto he revoked his first bequest Ths legacy, BY
accumulation Of interest," swelled of about OOO
1t this will of 1906, which, few days ago. the jury by
their verdict declared be the last will Of Koscusko
At the time when Koscusko executed those wills (of
1898 and IsO6 he also of about 2l5 frs
in France England and Switzerland, which he then left
disposed Of contended by the counsel Of the heirs
that bis original intention leave that fund his
Of KIM be taken by them under the statute Of distribution
But he subsequently, made acquaintance and formed init
friendship with Mr. Zeltner and his family, with whom
he resided in France during twenty years. and made up bis
mind give that family considerable portion Of his pro-
perry. This be did by the subsequent Wills bearing dates Of
the 4h Of June 1876 and 10th of October 1917 which he
executed at Soeure in Switzerland, during his temporary
joun there. By the will of 1916 he bequeahed sundry
members Of Mr. Zelnes family about 100 900 francs, and
directed that they be paid of his general property which
he should possess the time Of bis death directing further
TO employ for that purpose in the first place. the funds which
he had in the hands of Mr. Hoipge bis banker in Paris
he then psrempory revoked former wills and codicils
and declared the viii Of 1916 be his last will Nv the
will Of 1917 be only bequeathed pecifed therein property
other sundry members Of Mr. Zelners relatives and left
the will Of in every other respect unchanged and in full
force. II argued by the counsel Of the compliments that
independent of the wills of 1898 and 1906 being revoked
both these wills void and null according the law OF
Kosciuskos domc the time Of his death which, though
he died in Switzerland the counsel urged and argued have
been in France These facts that the heirs Koscus
10 claim bis property being within this District the residue
undsposed Of by any will they demand that it should be
distributed smong them under the Of distribution.
The first administrator Of the estate Benjamin L. Lear
He settled with the Orphans Court four accounts by the
last fled the 5lh of February 1884, he admitted that
that day he had his hands in various stocks S2 0s of
koscuskos Upon Leas death in 1872 George Bonn
ford, who executor and administrator testdmente
Of Lear estate obtained letters of administration de
bonis Of the Of Kosciusko, and settled his first
such administrator with The Orphans Court on the
18th of March, 1889. By this Bomrd admitted
that upon Lears death into his hands administrator
de bos Of the of Kosciusko $751; 1885, 27,
ous stocks purchased and left Koscuskos by bis
predecessor. Bomford settled nine accounts with the Or
phans Court By the last, filed the 7h of June, 1897
he admitted that that day due from him admins-
of the S43 with interest since the Of
January, ls47. But the heirs claim twelve thou
sand dollars MORE and offer make their claim good before
the auditor The of Koscusko appears them have
sweIed the Of siItyour sxtyfve thousand dol
lars. The suit for the recovery of this estate commenced
by the heirs in the lifetime of Lear about 1929 but this
suit commenced 10 Is4s. In ls45 the heirs found
that twelve years previous that date the
suretes the original administration bond Of Bomfod died
nsovent They edately instituted legal proceedings
against BomfHd, compel him either bring the moneys
of the estate into Court give security. They
ceeded, after god deal Of trouble, in obtaining adj
mnsaton bonds in the penalty Of 100000 which the
defendants named above became surees of Bomfod The
defendants admit that they entered into bonds for Bomod
his suees but they plead in avoidance that the predecessor
Bomod, Mr. Lear, having turned into money the original
stock Of the estate and having invested the proceeds into
other stock in bis name, Bomfod had right to possess
himself Of h't new stock in the capacity of administrator de
oons non Of the estate Of Kosciuko They maintain that
the new purchased stock falls within the scope admins
red assets and belongs to the of Lear To this the
counsel OF the heirs answered that the sale Of the original
ocK ana the purchase Of the stock made by Lear
Tue performance Of his duty administrator that Lear
al If