Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-10-20
McDonogh Will Case.

The New Orleans True Delta of the sth instant has tho
following notice OF the decision made in that city on the tin
Judge Mccacb, in Circuit Court yesterday, read
very lengthy and learned opinion in the McDonogll will
which he that donation TO the cities OF
New Orleans and baltimore and the contingent beques to
by with conditions, which
render them wholly null and without effect, and that
(e will being ega the estate falls to the heirs
at law. - @ T.
This heard during the last term this
Circuit Court, and after full argument was taken into
the decree should pronounced chambers and entered
Of and executed as in term ana upon eomsa
ten opinion fled it is ordered adudged and decrced
Thai ali tina. part Of the arhic will OF John
nogh, beginning with the second paragraph, with the
named Immediately after my death, correspond' &c,
on the second page as the sixth page Of the
or and held and owned by said corporations
on the thirty third page Of the said printed copy Of said
the city New city Of baltimore the State Of
the Colonization society," and the projected Asylum Of New
Orleans the Society the relief OF destitute orphan boys,
New Orleans and Baltimore, and the appointment OF var
Boards OF Commissioners. Agents. Directors &c and
all said provisions declared Illegal null and Of force
and effect and that as to al the estate de-
OF said will the deceased died nestate, and his estate fell
That the compainants are heirs the deceased
John McDonosl in the following proportions TO wit:
of the estate allotted to each The estate is divided into
seventy parts 00ths OF which adudsed belong
complainants the remaining 0ths to be
heirs the half blood when they shall themselves
parties and on due proof
That the said corplanants recover of the defendants.
ccutors OF the will the deceased all and singular prop
erty real and corporeal and ineorporea eompo
sing the estate of the deceased and especially all and sngu
lar the property comprised in the inventory OF the
sion prepared by Thomas Layton and Adophc Mazueau,
Notares Public OF which is in evidence and that
said complainants execution and be put
of the in conformity with law and the rules OF the
Court. .+-..5 ~ IT, ~ @
That reference be made 10 the master in Chanecry
account OF the of said executors from the
death OF the deceased to the execution OF this Decree
that said executors account to said master the premises
and that said master report to the court And
the said bill demands said and the recovery
moneys in the hands said executors is
further decree. ,.- -. .-,
That any other person persons not parties
proceedings claiming TO the estate OF the deceased
any part thereof be allowed to present their claims
pecvely before this Court make due proofs thereof and
ment adjudication thereof '' ? ~
That the costs OF the compainants and the Executors be
paid OF the said deceased and the costs OF
the other parties defendant by themselves respectively
The New Orleans Delta OF the Sth instant publishes the
opinion OF Judge McCaieb in full and adds " -
rom this decision there will be suspensive appeal ia
ken mediately The Judge has fixed the bond to be fur
nshed at S100,0 900. - 1881 n wi HaE 49,