New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-06-12
INTELLIGENCE
THE DU LUX CASE.

THE UU LJA OhoEs
In this csse already reported at 'eng'n n me
TR,puxE the Surrogate, the Hon. Alex W. Draa''aa'
hsr given an important decision WIN 'ega'u 70 'n9
operation OF the act OF April 1902 ano"nng n'csi-
$3.50 children TO inherit property in certain
He commence by stating that in March last ne d.
,cc<ed commission to issue for the purpose Of in
"stutpg the proper inquiries to ascertain the rela-
.t;onss;n Of Ferrie with the decedent." The Legs-
,.re has since passed the following law 1llegimate
.ohildrcn IL default Of lawful issue may inherit real
and personal property from their mother, as II egl-
sfimate but nothing in this act shall affect any night
cor title in or to any real or personal properly Already
"yested in the lawful heirs of any person heretofore
"deceased." The Surrogate considers that although
the policy Of the State is changed with regard to the
distribution Of the estate does not affect the right to ad
mnisratoD which in default of lawful kin belongs by
law 10 creditors or the Public Administrator. 1t might
be proper to make the grant whore the descent of the
iIeeifirafe exhibited and proved satisfactorily; but
where the proofs not clear a. in this case, the Pub
Nc Administrator should intervene to insure just
scrutiny and the protection Of the rights Of third par
t;es fhe Surrogate decides that the right OF success
so is vested right and that the next OF kin cannot
be deprived Of it without due process OF law that I'M
mediately the decease Of an interstate his next OF
Kim becoming instantaneousy clothed withIa vested
right 10 share in the surplus of his personal estate after
the payment of his debts in due course OF administra-
ton Notwithstanding the fact that his right cannot be
enforced except through the medium of an edministra-
n. u
of The Legislature be con6scaed or be taken away and
granted to another persons and although the law may
be changed as future such achapge cannot affect
right of succession already devolved. He concludes
that the lawful next OF kin are not affected by the
act Of April 1855, It's pure nulty to the next OF kin
Of Madame Du Lux, II there ere any, that they can
appear and on becoming residents administer TO the
estate and ultimately take distribution, that when
they cannot administer the Pubic Admnlsratori Is en-
titled to letters although their aenage affords no rea-
son for disregardng their claims as to the property,
md finally that there is nothing in the act OF Aprl,
1855 to prevent the issue of the commission already
ordered, which must be IN the ordinary form, under
the supervision of person appointed by the Surrogate
and the operation Of the rules OF evidence prevailing
m American tribunals.
SUPREME COURT-GESERAL TERm-JuSE 1l-Before
Judges ROOSEVELT, CLEaKE AID CowLEs-
DECISIONS.
Vcrplank aet. Penfold.-Judgment of Special Term
affirmed as 10 the boundaries unless defendant amend his an
swer and pay for affirmative relief As to aeywsy Judgment
es rel Mutual insurance Company Board of gu
pervisors EcwYokOrder Of Special Term affirmed with
skel Baldwin set Chase ard Cbase.The complaint to be
from modified without costs Of appeal or costs OF nouon
Helm agt The Farnen Fire Companyorder APP
pesled from affirmed with $40 costs with instruction TO the
referee ~ give of reference TO the plaintiff other
% nrsd e.ye and % report whether such person has
been appointed receiver and whether such appointment
Young at WesskeOrder denying motion to vacae judy
epf Ia favor Of Alexander w. Westlake affirmed with ~
costs Order continuing injunction reversed and injunction ds
solved without costs. <s.,
People rel Green sg- Del vecchio.-order Of Special
Robinson agt RobinsonOrder of Special Term affirmed and
instructions referee rule for taxing the costs
Wills aet JoneOrder granting supersedeas and dchargng
defendant from custody affirmed with costs
People ex rel Beck agt stephsuiThree orders appealed
from sfRrmed with $40 costs in each
Mills ThursbyLe the appellant submit To the opposite
party Of facts "a his opinion the General Term
actually found and the submit
The People rel Mcclure sg ulrich-Judgment armed
with costs ,,e,e-,.u.
Moore affirmed with costs
United States Trust Company receivers, agt j. H. Brady
Whe AIT Bullock-New trial denied Judsmen. affirmed
The People agt Iulay-New trial gran ed one exception
Hart AIT Bradford the reverseMemoanda of heads of
Morins as Faber whitehouse.-Judgment of Special
Term affirmed with costs.
Hogan and Others aet PeysterJudgment for defendant
Putnam AIT trial denied with costs
secor s,t Surgs ElweD aud others-Judgment for PLAIN
Hermann Nash sgt TolesNew trial granted costs to abide
events The certificate Of acknowledgment might be rebuttod
Hall agt Merrt-The adjoining owners had paramount
title the wall and superior TO the right OF the Hans
the landlords of the defendant The tenant therefore ent
his apporoncd and TO or ecopp
between what the premises would rent for by the
whole assuming the rent reserved be fair rent for the
that the wall would be taken down and then new wall
Enclosure put and the rent actually reserved New t
be granted Judgment TO be according TO the above
Busteed se LynchDemuner overruled with leave to de-
PENDANT TO amend on pay nent OF costs. , .
Durham sgt Dodd and Wakeman.-Judgmen affirmed with
Higgins ss NosrndReport Of referee set aside and udg
Stuart ex'cr Sc agt Perrne.--Judement affirmed, with
appeal to be paid out Of funds of trust estate
Roof agt Fountain, excr.-keserved