The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-08

ltcsiont ~ iioa. Judge Roosevelt.
,'vsF 5-fl ne mailer Of Ne iei0n of a. tn ,,ss Of
Pfs Fr.ae -~flis ~ an application undor the ,7iii Of
the iae Nahr'ei Prime by Tho trustees of ore If tho
shore cftis eiate IN t. them for tha benefit II n. "a,
Ilius, ~ life and then 70 his children or Other h,rs
sui ,cl 70 pas1 q appointment f3r nstrac lions IL he
execution = their duiie, .he trustees autho-i a
~ h teslatof. with the Iii, son to ell ~
ialt q tie hare oougng ~ re estate aud 10 coarort
thr ccetds INTO oiltr real estate. be so, n ,:is
manner ~ The mignal property. large position Of his
iiae u = pfcfsni'd cone q vacant out tonn ots,
yi'ldug 10 income wi.ch The partc aerans Of IN
ptifa ~ TIC 'rscti.n q bula rs . as . make tha
pr1cteliit. Two questions suhmitt,d-first. 4
Ia hrg 'nes en- II. irutres leave ans portion Of tho
ltfhcufe nonsy on mortgage! Tint being tho usual
TiacAcf ~ ftg piaf les Il IL 10 b. presumed tit the
teiaol bad = il contemplation and nu baying inherited
Try pr'.itidon. either express implied making
III va y, must be record al havprs intended III mo
uiec- fhotd exercise their Les; Judgment III alto yias
acusi,nafy and reasonable dt no, exceeding
llite ye.is With adequate ocnris IN the pay aent
itccra- tau Ae proceeds Of ,ar or any portou 81 lsrd
IN tle cree ion 81 suitable building on the yaca lot,
rel s,hl! The mnoi children whoever mar come in
~ lhe 'gmft!qn g n lie estate. contingss re,
rainueintr have de ,ntcfs Ia lhis question L.al
dee hot decaybnGnrs dn: iand appreciate. in vala.
luidIrt Oh the other blrd drprrcate Enhanccd
rent itm The ,Tectoi goes 10 the lifa tennn.. nat
cupila Il ON their dilapia.on and lost ncre fran, IN,
appreciation a ground fll upon the expecsants How
reconcile fhrse contiatciov interest l. the Il f.,lt,
Ii oauroi to presumed that the tesauT INTENDED eusrs.y
to tacrlce ho comfort If his living adit ch irea 10
sugmD The wealth ~ sibc grand children vino n ght
o. might not BE- In being at her death In agpyiz az
tnhs, he ni.hes me- exceptions - favor ot visans
lots: and IN authorizing roEyc tnients hs ma'ses
tale nay lie q any real estate md the rystncnt in
AIRY real eGie If then. The irasbeo awe Aush0ri 10
pul cise houses already built what objection tcre
hu in The mature ~ th. thing 20 thcs oai Ing HOUSES
On lot already held Whether tiiiy increase he reel
ostar hy additions on Il additions e. H. certlinY
make no difference Bricks ami mortar when attached
The oil are much reil estate ihp suii itstf .re-
ton ard judgment Al Ike necessary either Of
investing sud even hanGed justice thoaa 5s rived
IN both: ne her starving the c isNaO uupro.GGlya
lots e&hausitg the capital 81 his xpcc success
so's in undny peTi'aho tnldngs Provisions shou: BIZ
made a.. II tic annual rents for AL taxes and
asses mems andtcr Etcpng the premises IN proper rep arr
AID fully insured against ire that far prlcsca-
bic tt the termination Of the life estate toe capital may
lema'n in vaiue al least nninarsd Gricr accord pgiy.
icte rs. Maf 0plhe jury IN this case had ren!eset
W ric for the l.4 nti hut The JUDGE, ut the request
81 doi1dant counsel reserved the iads mons it for
fuFtEer constipation. Dn cotauitatca ifh Of his
ooe;e they agreed that the charge delivered TO
jury was The action brought for seventeen
months Storage Of quantity " rn. Plaintiffs wsro
iron merchants. and had large yard also. for ths
ocnmcdaton OF Others. The dsien.ants, while ther
iron Was OF was supposed 10 be in the yard sold II,
Though broker aud he purchaser paid the price agreed
on, and chilled and tcc away quantity Of iron. which
he received without election lie le uiiei article.
Haying discovered that their FcN had bbcu ptryi-
GU ~ disposed Of although parcel Of the p.ecise
quantity quality d description. was delivered IN i.s
fLGans had right. If thcy deemed the meter Of
aly imIo tanec. TO sue for- end the idcn-
ucl iron, damages !or its conversion: but
laSing elected. and thar too mith fun Knowledge.
The evidence shows to accept The substituted parcel aud
hariui Uttered no injury they could not insist
Forfeiture Of storage especially In where no bad
fifth was proved pretended Their witness
hat The non delivered equal il quantity and value
10 chat which had been stored aud that they knew Of tho
fuhstincn before they made the sala Iron foc tho
pupctes OF commerce comes under the head OF articles
having ar-1aara Ii the weight aud denomination
ana quality be the saT<S, commercially speaking the
tcle il The same. Judgment Tor the plaintiffs.
THE Art UNION CAs;i,.
The Judge announced that in all probability The Art
Union case would be decided on Friday next.