The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-04

ont oft It sasc that this dcscace rssy b. 81 m O.
ooanter Slain sanaer tia sneusea cooe roe oss st~x
Non focth Il tbs eohpisist A. the fcunaaos he
plaintiffs claim be ooaDotsd Win the sus.ct Of the
action ~ the Ylaud claimed dawaxss ths asfsadsnss
counter ella IN ouit within this fuks rhs
ton set Y0Et in tle the srrsgs
ofatb 1.-THE hAsi1 1nc oet.ndsuts' ossna
psiptG does not srsc out OF toss malt ~ nv
ntcteJ wifh them bat sriscs out Of sabq aent mates
namely that after The death OF the habaAi uDia~
fully received which beloo8e 20 them sad theirs,
fore she fhould pay % them the dam for rUas
thus unisvfuiIy eoleotsd by her Ths a-mstrsris al
loved and judgment Ia 60 be Tor tho p,artd tha Il b.
Hdu,e@surea 70 ner without dsmsgs ~ a., dysston q
It. and without prejudice 10 hcr fght ~ toe la.
10 onehro Of tho rents IN any sat s1a sy b. sroaat
against her for damages
haia s Bagaaas the younger, ss,. Z a Prkr al
oe-s.-Ihe complaint Is alsd by ~ she t.ughcssG
Gen Bogardus against his Other children sad hs a.
law and sgarft his widow and IA tor ths pursas. q -
tanning D partition sale OF the Lands 81 whioh hs died
seized The complaint alleges that Gea a. died IA
teate seized OF the lands dsaoroeo Ia Il and hAt tbs
defendants his heirs at law, snd bis widow that
each heir or his entitled 20 egan OF
the lands, and that the widow is entitled 90 dover n
them. Thus far the cefcpdsnts DO not object; ont ths
complaint also states that the widow esecut,A %
will OF the declared not aeo.ng those lands and that
has paid OF those Lands and above what
she received from them large OF money Tor interest
on mortgages taxes, insurance ami repairs aesmenbs
ana other charges and expenses necessary for tho lads
and on account Of principal moneys due on mortgages
That this was done because none VI the hcrs h.t the
ability to make the payments and done OF neoo
for the benefit Of the estate and II claims that such pay
menus bpoCthO Len tenus
personal estate Of the deoe pay h,
debts and that thore large cunt debts still out
standing which duo by the deceased and 1t clsins
that esoh saca IL liable for the payment OF ito proper
tiosase part VI such debts whether paid By the widow
out OF ho~ own fuuas ssiog unpsd The defen-
dAnts 6elnur the grouudist gfaS causes u
action fmpopery ussed, naIidy, for tho psrt
tieD OF lsnos and tho 0iter for a rttismens OF ts
counts Of the widow and oxsouirx 81 Ihs. action
for the settlement Of th0se accounts brought BIZ
her should all hs heirs plaintiffs nege snat
they would mt unite 3D. That the complaint for
payment 10 tho creditors of the estate but doe, mot
make this crruitcrs parties, and d0ss not thai
tha plaintiff il creditor the Till filed Tor them and
9Th. That IL shows sufficient of action ex-
cept FOR Partition and the ascerianment OF the le
gal heirs and specific leins aGd isoumbrsnoes.
The plaintiff g. Bogardus the younger has interest
in having oil liens the estate discharged She her
estate Is liable for proportional pert OF the debts OF tho
estate and she has right to have il Asoertane ia shis
action what 10 the amount Of ali any OF those debts
far they may Affect any Of those lands herself
owner OF them. For this reason although creditor
herself she Ii ntereated in having the creditors psd
and In having IL determined how much each Of tho de-
fndants as well bersef should pay OF those debts
and for that purpose she need not bring in the
dors bat may bring In the heirs at law The demurrer
is to the whole complaint and in that it Is clearly too
event.
r. .qnes VS. & r. Hicks and ". s. Bafl7, --Demurror
TO answer by defendant Bailey Judgment for the plain
till with SIS costs, and Disbursements noticed ct
tLan 0na term
Peter Constant onJ Wife Vs. NJ C. Wins6sp and others
Property devised must Do diysd testator had died
intostate.