The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-05-05

other case In which 1t may be offered. By that
code, the compliments named in this suit as
the collateral relations of Gen. Kosciusko, are
entitled to receive the funds in controversy IN
such proportions as are stated in the mandate
of this court to the court below.
The documentary proofs in this cause, from
the Orphans Court, Of the genealoy of the
Kosciusko family, and of the collateral rela-
tionshp of the persons entitled TO a decree, and
also of the wills of Kosciusko, are properly in
evidence in this suit.
The record from Gradno is judicial, not a
Judgment inter parties, but foreign judgment
in rem, which is evidence of the facts adjudica-
ted against all the world.
MANDATE OF THE SUPREME COURT
United States Of Americd, SIS.
The President of the United States Of America to the
Honorable the Judges of the Circuit Court Of the
! United States for the District Of Columbia holden
in and for the county of Washington, greeting:
Whereas lately in the Circuit Court of the
United States for the District of Columbia, be-
fore you or some Of you in a cause between
| John F. Ennis administrator de bOnis non OF
| Joseph ZOlkowski, deceased, and Others, COM
plainants, and Jonathan h. H. Smith, admins
| traitor and trustee of George BOmfOrd, deceased,
Lewis johnson, administrator de bOnis non Of
| Thaddcus KOsciuskO deceased, James Carrico
| Samuel Stott George C.. BOmfOrd Jacob Gid
con, Ulysses Ward, and Jonathan b. n. Smith,
| and others defendants in chancery, the decree
of the said Circuit Court was in the following
words, viz:
1t is. this 10Th day of November, 1851, Or
dered. adjudged and decreed by the Court, that
the bill and amended bill of compliments be
and the same are hereby dismissed, each party
paying his own costs, as by inspection of the
transcript Of the record Of the said Circuit
Court which was brought into the Supreme
Court of the United States by virtue Of an ap-
peal agrecably to the act of Congress in such
case made and provided, fully and at large
appears.
And, whereas in the present term of Deem
Der, in the year OF our Lord one thousand eight
hundred and flty-two the said cause came on
TO be heard before the Supreme Court, on the
said transcript of the record and was argued
by counsel on consideration whereof, it is now
here ordered adjudged, and decreed by this
Court, that the decree of the said Circuit Court
dsmissing the compliments bill in this cause
be and the same is hereby reversed and annul-
led and this Court, proceeding to render such
decree as the said Circuit Court ought to have
rendered, doth order, adiudge and decree, as
follows:
lst That the legal domicil of Thaddeus Kos
cusco the party under whom the complainants
below claim was Mt the period of his death, in
1917 in France.
ID That rs to the property and fund in con-
troversy, he, the said kosciuskO, died intestate
his will Of the 4th of June, 1916 in the pro.
ccedngs mentioned, having revoked his prior
will of 5th Of May, 1898, and 2Sh of June,
1906, and without disposing of said fund, and
the Same not having been disposed of by the
will of 9th of October, 1917.
Sd. That the said property and fund is to
be distributed according to the law of France,
the place of his domicil ut the time of his death.
4th. That by the said law of said domcil
at said period, the said property belongs in
equal moieties to tho collateral kindred who
we've the lineal descendants of the two sisters
in the case mentioned of said kOsciusko and
compliments in bill mentioned; that is to say,
one moicty thereof to hippohtus Estko and Ro-
man Estko, grandsons of his sister Ann, and
to Louisa Narbut, her granddaughter widow,
and in the proportions between them Of one
half of said moicty to said Hippolitus Estko
and the other half of said moiety to said Ro-
man Eotko and Louisa Narbut in equal shares
and the other moiety thereof to Vladislaus
Wankowicz, Hippolitus Wankowicz Adam By
chowec, and Michael Szyrma, also complain
ants, and in the proportions between them Us
follows-that IL to say to Nladislaus Wanko-
wicz and Hirpolitus Wankowicz, each of them
one-half of fye-seyenths and of One-third to
each of another seventh; and to Michael
Szyrma one-third of II seventh, and to Adam
BychOwiec one-seventh.
9TH. That the defendants sureties in the
bond of the 9TH May, 1896 for $4,000, in the
proceedings mentioned taken under the author
ity of the act of Congress of the Goth Of Feb
ruary, 1876; that is to say James Carrico
Samuel Sott, and George C. BOmford, and tho
other defendants, suretles in the other bond
therein mentioned also taken under said act of
Congress, aud dated 18th of January, ls47, for
$40, 900; that is to say. Jacob Gideon Ulysses
Ward, and Jonathan b. H. Smith are each |
and to the extent hereinafter decrecd rcspon- |
siblc to the complainants for the amount also |
hereinafter decreed.
9th. tis further aljudged and decreed that |
there Is due, and that the same be paid by said
defendants to the complainants above named, |
in the proportions herein named, tho sum of
S3I92i i0-l00, with interest on said sum at
the rate of nix per ccntum, from the 7th day |
of June, 1917 till paid that is to say that the
said defendants James Carrico, Samuel Stott,
and George c. Bomiord, are jointly and sever
ally bound to pay to the said compliments of
said S3192i.40.l00 the sum of Sl2,64l .46a3,
with interest thereon "A aforesaid, from the
7th Of June, 1917, till paid, and 0ne-thlrd of
the costs of this suit in both courts; and they
are hereby ordered and decreed to pay the
same, and that tho said defendants, Jacob Gid
l. Al
are jointly and sevcrally bound to pay to said
complalnants the, balance of said sum of
1877 ,92i l0-l00, being the sum of S25 2S2 80 "a,
with interest from the 7th Of June, lsl7, TIL
paid and two-thirds of the said costs, and they
are hereby ordered and dccreed to pay the
same.
9TH. And it il further ordered, adjudgcd, and
dccrced that in the event the said surotes in
the first bond, to wit: James Carrico, Samuel
Stott, and George c. Bomtord, do not pay tho
SAID SIP, .i6sg, with interest, and ono-third
Of the cost, 30 docreed to be paid by them as
aforesaid, AMI every part thereof that then the
said Jacob Gideon, Ulysses Ward, and Jona-
than Il. II, Smith, the sureties in the second
bond "a aforesaid, are bound to pay the same,
and every part thereof, to tho extent OF the
penalty of their said bond and that in the
event that the said Jacob Gideon, Ulysses
| Ward and Jonathan b. Il. Smith, the surcties
in the second bond, do not pay the said
$50, 2S293 ,, with interest and two-thrds OF
the costs, 80 dccrced to be paid by them ~
aforesaid, and every part thereof, that then tho
said James Carrco, Samuel Stott and Gcorg,
G.. B0miord the surctics in the fret bond, ~,
aforesaid are bound TO pay the same to the cx
tent of tho penalty of their said bond
And it is further ordered, adjadged and de
creed, that tho defendant, Lewis Johnson nd
ministrator dc bons non of Thaddcus koscius
ko, transfer and deliver over to said nance
companants the stock Of tho Bank of Wash