New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-03-05

FIFTH DISTRICT CouRT-Robe,t Peal ct as,
vs. Thomas r IVhite eaecutor, acjudgc Buchanan yes
terday rendered decision in this giving in writing
his reasons for Judgment as follows:
The plaintiffs alleging themselves to be the next of kin
and heirsat-law of the defendants cstator John Peal
sue to set aside the will various grounds to be
nzed the sole surviving heirs Of the said John Peal
and that such the defendant be ordered to account
with and pay to them the several proportions to
which they entitled in the estate of John Peal. with
interest.
The petitioners further pray that the payments alleged
to have been made by the in the of nd
ministraton be declared null and void.
The denies the heirship of tho plaintiffs, and
asserts the will to be good and valid
This suit waa instituted on the I'D January, 1851 Tho
defendant qualified as executor of John Peas last will
in this court the 18th July, 1919; consequently.
than year had elapsed when this suit was instituted
Pending this suit the plaintiffs portion of them,
took several rules the defendant to produce his bank
book which rules pending until the 2st of April
1851 when the dismissed under decision of
the Supreme Court until the in such rule should
prove hershp This was subsequently done and another
rule taken the 2st November 1851 returnabe the
4h December 1851 calling upon the defendant to produce
his bank book On the return of the rule,
the made absolute and the executor producing
no bank book, but admitting, the contrary. that he
had kept no separate bank account us executor the
funds which into his hands in the of admin
stration the court in accordance with the act of 18th
March, 1887 dismissed the executor from office and or
dered him to account to the in the rule as the
heirs at-law.
On the LIST of March instant, account filed by
the executor of which the publication has been ordered
This judgment, ordered the 18th December, 1851
to have disposed Of portion of the present
ton but have nevertheless the trial of this
taken coguzancc OF the whole matter if there had
been Judgment putting the heirs of John Peal in pos
session.
Upon the Issue made up in this suit find it fully and
satisfactorily proved that the plaintiffs related to the
deceased John Peal set forth in their petition viz
Robert Peal Junior Isaac Peal and VIM Peal brothers
and Mary Tomnson. sister, and that they are the
nearest surviving relatives of the testator
As to the points of nuly of the will alleged in tn, pc
tition it only necessary to consider which is stated
by petitioners follows
I'd, Because definite and ultimate destination is
made of the property of the tcstor the interest thereof
only being donated or liquidatedn
The point appears to me well taken The testator
devses after legacy his wife) to the general school
fund Of High Heskett in Cumberland county, England,
he total amount of the interest Of his real personal and
aiEed.
The will adds, and in the event Of the death of my
wife will that the hundred pounds sterling bequeathed
to her annually be merged in my estate and the interest
thereof to be enjoyed by the said general school fund of
High Heskett, in Cumberland county, England
The Inspection of this will demonstrates that there is in
fact no institution of heir Nothing is devised but the
interest OF the tesators estate Nothing is said of the
capital The inventory shows that the estate consists in
Government stock and bills receivable Is it to be ill.,
frcd that there is perpetual trust of this stock ETC.
fof the benefit Of the widow and of the school fund of
High lteSkett If 50. who is the trustee There is
psled in the viii FROM the arguments of the rennsv