The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-26

We are now 102 days without news from England.
The packet ship Lightning If she left Liverpool January
9th, ha bsen out 10 days.
Supreme Court-special Term.
Before Hon. Judge Roosevelt.
INTERESTING WILL CASE.
Pcu L0unsberry Is . suit brought mainly 30
fettle the true construction Of the will of the late
John Pe who died in this city the year 1872 leaving
widow and nine children and largo estate to bs d.
vded among them. About his personal property there
ia NO dispute it being given wholly and absolutely to
the widow. The questions now raised relate solely to
the house in which the testator lived the time of his
DEATH and to which, after giving her life interest
10 It, he made disposition, except in the folio wing
words:-sA the Of my real estate Whatsoever
and whereeoevern This residue he gave to his execu-
wing child should be under 81. It 10 a we'll settled
rule Of legal and nigh. say Of natural interpretation
that the term residus in such cases. unlsss qualified
and in the present instaace it notify other parts
OF the instrument imports not only all the teststors
naming bousss and oIs not previously disposed Of
him, but also all the resduary interest undsposed of In
the house and lot out Of which as yet he had only
carved life estate. reyersonary intsress-n other
words vested title, although only to take effect in fu-
deed, 1t 10 generally more valuable and - conse.
quence more in tho contemplation OF the parties. Real
parts and into Estates slss
latad by space, and the other by time The word rssl
eue therefore, is applicable to remaining interest
doubt it to me, exist to its meaning whsn
to it's ordinary import added the strong and pecu
sas and ~
ture Of the interests conferred upon the children
-whsther vested or contingent. and whether to
suppOsed 70 have been in equity, personal
During the continuance Of the trust II any child arrived
Of age or daughter married. he or she was 70 receive
Of the rents part Of the portion OF said child
legacy Of 81 000 and the rest of the income to 20
to the mother either q the children died before
With the rel due Of the part or portion Of such shiid
to 80 directed il the will In his youngest
child came Of age-whicn has hapDenei-while the mo-
ther still living the testator directed his executors
to se the said real estats, and after securing
Duity Of S7o0 annum TO the widow, to divide the
sdue Q. the proceeds equally among his nine children
else Ut the discretion the executors after
reservng sufficient to the annuity, Ito divide
and make partition OF the residue OF the said real estate
between his said children share and share aKs-Or
In their dsereton to make the division partly by sale
and partly by partition II the wdowan event which
has hs before the majority Of the
e,t child then the power Of sale and partition
given to the executors except that the purpose OF the
annuity having ceased reservation IN THAI case
to be made for its payment and except also that the
whole rents and profits, the widow being dead
to he "diyidec among his said chdrsn-(t the whole
nne)-ther executors and administrators, share and
share alike" until the youngest of age. Should
any OF bis chldrs n-an event which did not happen
die before him. without issue the testator directed
that tbe share portion OF the CHI Ii dving should
belorg to- and be divided smong, Hhs surviving chill
dsn and the e .uee s ss might ss sad IN IKE
!" -. SsoO Va
the death OF Of his children after him. but before
major IT, and wi bout issueanother event which Old
not happen-then the share of such chilli to be d
vided ng his issue, II any IL none ong the
survivors and the Issue, if any of other deceased chill
dren should any Of his children die after having attained
twenty -one-an event which has happsned-lhen his
share to 60 to his heirs devsees legal
tves" The state OF the testators famyhe having died
in few days after making his wiwss the ct his
death at the date OF his w and all his children al
though several have died since lived to twenty
The youngest having attained that age in 1885, is
sltr0f fhA ID
only the house occupied by the widow, who still
living, and hose life estate 1t did not termnate till
1851 the period Of her death. that house. divided
the tesato has also been Sold and the question
under the will and under the facts which have sncs
cured is how are its proceeds TO be distributed As to
the will itself-were It not that somewhat embAr
rsssed BY respect for the opinions OF othersI should
the following propositions are clear and ndubtable
First sn. sne.'t to the pro ios his witor the
equal portions, but with slight qualification In abao
Lutte ownership to his children. Second, that 70
before twenty ono, their estates although originally
fee. that event to be defeasble and subest to
p over u favor T q issas and brothers ana s
die alter twenty the limitation mot restricted,
in the other to issue brothers and sisters,
generally, Of the deceasedl was mere celebration OF
what in every of DEATH is the consequences OF
ORDINARY estate in fee absolute ownership in
way restrained the original force Of the dsvss-tne
words "shal go being obviously used by the testaor
in The came sense, and with The some effect, as "wl
eurrence in wlsJ instance Of mere overcautous de-
claTatory suIplulsge. Fourth, that, the
hold the estate in trust ceased, and was nded 70
cease leaving only the power Of sale and and
future, but I" thereafter might be-
veneDty might which as to the house assigned for
the Widows occupancy during her natural LIE"
oaly be alter her death, there being neither
eeasity. nor fitness in selling . remainder which,
not vest in possession till after the possible and
the event showed probable lapse OF many Sixth,
that the power Of sale rot being imperative otnss
into money at all events the law expresses It ont
cut the rights of the Representatives Of such OF the
mined by the laws affecting the transmission not of per-
sopa but Of real estate II these views correct 1t
foowa that the widow Of John Pel Jun the SON, who
both real and per ona was entitled as such sgses o.
devses to III being the post of such child, -
fee simple which portion on her death ntsstsss 1882
went TO her heirs at law and not to her administrator
That to Eliza AIMS share, (Mrs Rowey who died ia
seended Immediately on her death to her collateral heirs
her husband taking estate BY the curtey there bi
. lie estate outstanding q the time in Mrs psl the
estate. And that 10 the other children who have
died ntstste their shares belong their heirs at law
ordinarily on the death Of the last surviving executor
bave parsed TO her cuor but would have devolved
not extinct, the Supreme Court, Ito be executed
under ts direction by person appointed for that
purIose r. 8. $780, In this case however, the event
Of sueh death Of the last trustee expressly provided
.or and the original testator, he competent 70
substituted In the place Of the last NAMED person OF
his own immediate selection, an executor, or t1s Seim
executors in such case compartments both sno
pura to be Designated by the deceased trustee, The
executor the last surviving executor thus In
effect the appoiptee Of the ana as such
with so many interests in : single house. In which
partition could By possiSity b Effected The counsel
nth these views. and submit It for settlement.
Supreme Court-Tn Chambers.
Bsfore Hon. Judge Morris.
CONSULAR POWERS.
JUNE 2b7n ne Motr of the application Of r. Kessley
far Writ of Hdbsns Corpus defendent In this case
arraafad hY order nf tina C0naul