Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-30

ut i his 10th dsy Of November 1851 ordered, ad
judged and decreed by the Court that the o ana amend
ed BILL of compliments be and the same are hereby dsms
sed each party paying his own costs as oy inspection
az he transcript Of the record Of the said Circuit Court
which was brought into the Supreme Court OF the United
Stes by virtue Of appeal, agreeaby 70 the act OF
Congress- in such made and provided, fully and at
| large appears.
Ind whereas in the present of December, in the
yer of our Lord thousand eight hundred and fifty
two the said cause to be heard before the Su
preme Court the said transcript of the record and
was argued by counseli consideration whereof it is
new here ordered adjudged and decreed by this Court
that the decree of the said Circuit Court dismissng the
cmpainants bill in this be and the same is hereby
reversed and annued and this Court proceeding to
der such decree the said Circuit Court ought have
rendered doth order, adudge, and decree follows
| lst That the legal domici of Thaddeus kosciuskc
the party under whom the companants below claim was
ut the period of his death, in 1917, in France.
ID That TO the property and fund in controversy
he said Kosciusko died ntestate his will of the
June, 1885, in the proceedings mentioned having revoked
his prior will of 9th of May, 1898, and 2Sth of june
1906 and without dsposng of said fund, and the same
not having been disposed Of by the will OF 10Th OF octo
Der, 1917,
3d. That the said property and fund is to be dstribut
ed according to the law of France the place OF his dom
Gil at the time Of his death.
4h That by the said law of said domcil at said period
the said property belongs in equal moiees TO the col
lateral kindred who the neal descendants OF the TWO
in the mentioned of said kosclusko ana COM
planants in bill mentioned that is to say, moiey
thereof to Hppotus Estko and Roman Esko grandsons
of his sister Ann and to Louisa Narbu her grand
ter widow and in the proportions between them OF one
half of said moety said Hppotus Estko and the other
half of said moiety said Roman Esko and Louisa Mar
but equal shares and the other moiey thereof to
yiadislans Wankowicz Hippoitus Wankowiez Adam By
chowec and Michael Smyrna, ass compliments, and In
the proportions between them as foowshat is to say
to Vadslaus Wankowcz and Hippotus Wankowicz, each
of them one-half of fvesevenths, and of nehird to
each of another seventh and to Michael Szyrma one
4 ri af nd m dam
5th That the defendants suretes in the bond OF the
eth May 1885, for 500 000 in the proceedings mention
ed taken under the authority of the act of Congress of
the Goth of February 1876 that say James Carrco
Samuel Stot and George c. Bomford, and the other de-
PENDANTS suretes in the other bond therein mentioned
also taken under said act of Congress- and dated 4h Of
January, 1S4 for 000 that is to say Jacob Gideon
Ulysses Ward, and Jonathan b. II. Smith, are EACH and
to the extent hereinafter decreed responsible to the
plainants for the amount also hereinafter decreed
9Th 1t is further adudged and decreed, that there is
DUE and that the be paid by said defendants to the
compliments above named, in the proportions herein
named the sum of 37 924 40100 with interest said
at the rate of six per centum, from the 18th day of
june lS47 till paid that is to say, that the said defen
dants, James Carrco Samuel Stott, and George c. Bonn
ford jointly and severaly bound to pay to the said
compliments of said $751;, 924 40-l00 the sum Of
ST. .465 with interest thereon aforesaid from the
9TH of june lS4 till paid and onethrd of the costs of
this suit both courts and they hereby ordered and
decreed to pay the same and that the said defendants
Jacob Gideon, Ulysses Ward and Jonathan B. H. Smith,
are jointly and severaly bound to pay to said complain
ants the balance of said of 3 924 40l0O being the
sum of S25 $751; with interest from the It'll of june
lS47 till paid and twohrds of the said COSTS and they
are hereby ordered and decreed to pay the same
lth And is further ordered adjudged, and decreed
that in the the said sureties in the first bond to
w.t. James Carrco, Samuel Stott, and George G. Bonn
ford do not pay the said 3D. 46S, with interest and
onehird Of the costs decreed be paid by them
aforesaid and every part thereof that then the said Jacob
Gideon, Ulysses Ward and Jonathan B. H Smith the
afo 0nndt tn
the same and every part thereof TO the extent of the
penalty Of their said bond and that in the that the
said Jacob Gideon, Ulysses Ward and Jonathan B. II.
Smith, the suretes in the second bond do the
said S25 2S2 935 with Interest and two-hirds Of the
costs so deereed to be paid by them aforesaid and
every part thereof that then the said James Carrco
Samuel Sott, and George c. Bomford the surees in the
first bond aforesaid bound pay the same to the
extent OF the penalty Of their said bond.
And it is further ordered adudged and decreed that
the defendant Lewis Johnson administrator de bonis
of Thaddeus Koscusko transfer and deliver said
named claimants the stock of the Bank OF Washington
longing 20 him such administrator amounting at its
par value 70 the Of $500 together with all the i-
vdends which have accrued the same less the
Of his administration and reasonable counsel fees and
such commissions administrator the Orphans Court
may legally allow.
And it is further ordered, adjudged and decreed that
the said sums Of money and stock decreed to be paid
and transferred TO the abovenamed companants Hippo
Titus Estko, Roman Estko, Louisa Narbut, Vladisaus
i Wankowicz, Hippotus Wankowicz, Adam Bychowiec,
judged in the preceding fourth clause Of this decree
Sth II Is further ordered adudged and decreed that
the DEGREES pro confesso against Roman Esko Louisa
Narbut Coon Estko, Thaddea Emile Wichelmine Zelt-
ner Marie Charlotte Julie Marguerite Zeltner Bonnis
SAINT Pere Gen. Baszkoys, Emile Zeltner Mr.. and Mrs
Edward Zetner, Zavier Ameth Dr. Sheerer Miss Ursu-
lar Zeltner and Koscusko Armstrong by the said Cir
cult Court be and the same is hereby affirmed.
And, lastly it is ordered adjudged, and decreed that
this be and the is hereby remanded the said
Circuit Court with directions that court to carry the
aforesaid decree Of this court into effect And that the
said compliments against the said defendants
hundred and ninety dollars and sixty cents
for their costs herein expended and have execution there
for, February %.
You, therefore, hereby commanded that such exc
outon and further proceedings be had in said cause and
in conformity to the opinion and decree Of this court
according to right and justice and the laws Of the United
States ought TO be had the said appeal Notwithstanding
Witness the Honorable ROGER b. TASEY Chief Justice
Of the Supreme Court the first Monday Of December in
the year Of our Lord eighteen hundred and fty-two.
We learn tie record Of this case that all the sure
ties have satisfied this decree except James Carco and
Lewis Johnson, administrator Of the estate IAcy are
expected to settle accounts in n few days The col
lected fund is in the hands Of Major G. Tochman attor
ney Of the heirs except the portions Of Capt vadsaus
Wankowicz and his brother Hppoitus wankowicz which
Major Tochman paid to them the 18th and 18th
Of April, 1853.