New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-10-31
LAW LNTELLIGETCE.
rvRRoeArEs ooURT-oe1. so.-Bs'rsAw B''O''''

Lsya Bootb the interest upon fen handred dollar y,
~sss ssna.Iy" a, br death ,ie prSeip w:' E7sn
certain charitable uses and J; vas fd no: be
widow should BE- applied 20 the uses ~ I'm certain
nwnereus other beqae.;s Of yb,e annually during nfe,
and Oh their the principal sum. ~' 20 pve. the
ss.o N 'Seh '1 bs e Isepn OF will the tes,s,o
Ssd no october 1901 and Ms Booth beam 49, boae
lass. asked 20 determine ~,en N' 'e
There special direction ~ ne, W.. vsbe unti on
year after the iestatoIs dss%, d. distinction has long
Rom the period when hey v"I Of ard i. il now
'ed Ih. the FIRE, E 81 .. deh In Eyre vs
tjodns Binney i2 there wa beqIesI OF ne i'ete OF
aSG Be Pd i isd 's' There daSenc cf Icy Of
sum Of money for term Of NE and orqs, OF s.a
no. BENZ payable til the end o. from the 'sisors
death no interest Tor MAJ Yer @ -. TO-, ne IA TO-
f,t ,es OF intention Of the esiatJT not c)npied WITH
You must the time immeds ely from his DEATH me
.ss,ee the annuity annually during his life
Of this decision TO pee. tl st oil the oil
nnusy the same footing " an annuity TINS
would TO be supported BY the decs n Of ohan
seor wswoIth in CI.s W; C'ss BARB "a Il 70 wns[ 70.
'to produce legal interest at least so ~nnqm The
BETRAYED for the year, the lesaee teators
and luDatc and the Will srpLe:y desSG toe o 70
think have justified payment thu Ist year as evidently re-
Whether the legacy should be treated annuity
The seneI, doctrine on tn, saoes. wa. .d DOW" oy Eoa
annuity given the payment paid the end Of the
wspae5 over no n,ees, s aaeani he end two year.
only interest Of the legacy and till the legacy is payable
but IL , remains open determine what Il annuity aud
s T. ss mopeT e tcd to be Placed 70
produce annuity that Is TO De considered a.
sasated annum payable annually un..s oneL e
varying seeOd9g 70 the , income or profit, taoas
certain fund be prov oa OF %c9 b Is 70 oe pIya6
ply because teato has directed All requests are due
ARISES with the elux Of the period the law
has allowed for the settlement Of me estate me income OF
interest Of certain fund not an annuity but simply profits OF
property be earned aud which may vary more OF less
H. however a. IN Crss az 0ss ltIS " t b OF
snD1y DOwhstsDdns The mode of raising by interest
iss,soI beques,S the Interest Of amount, that
sa o. TS at az oSns the
annually" or as in This case the interest payable annually
cyl 1t not stated sum but may be mo- OF less %
of annuity, but merely interest in
Its payable annually and in this respect Possesses
Characteristic common alike to annuity or TO interest aud
no hs f nere. upon 1he t i Of the Interest and
sDnusy and that relates the and not TO the gi
% be separated in money and invested It's given as Inter
begin the capital has become due The provs
ions Of the will would therefore to BE- satisfied by making
s1nasly to the life tenant The win expressly provides for
these investments aud the deees Of the essees to whom
bequestbed for life gives the capital
charitable These requests substantially lesa
come due 90 as TO draw interest lin the year
Otherwise specially directed do not think the direction TO
seneIs rule In Gibson sst Bo q vesey e the viii pro-
SS for a. osR .nd is 1 for s''S
and the gyment Of the dySend nss, or yearly
aud payment Of the interest and Proceed' n none Of
y ,sse IL ieOn to- the Seque.t to M Booth
served SSt ;ses sHso case 'Ig m sn' bsn
the legacy i. to become due whether by naming period
due when the prescribed time has aived
has occurred shough may De WITHIN tne y'ai inu. IA
Gssib sons attained twenty one and the daughters married
before the esato decesesnd held that the egsces
became due immediately on the teatos death and carried in
man I trustees were directed as soon as convenient after
the death Of the tesAtos wife to raise 3oO for his nephew
and apply the income toward maintenance The wife died be
fore the and Lord LandAe decided that the nephew
BY the 70 Of the dae the gift Mrs
Boob became operative on certain he5 De
condition became the Of the executors to make the invest
gin wdowhood and like yin on majority or marriage
i happens before year. There Dc decree
III Which e Rs asdGiol may
PEELED and also his commission, on the interest p%Ss
charge The general estate II this had been an an
merely gift Of interest income the fund INST bear ito own
charges
SUPREME CoURT-CIRcuT-oor. 5o.-Betore Judge
Rose Csaey Adm'x &c, sst The NewYoIh and Erie Rail
In this case, which was reported IN yesterday
TRpvss the Jury brought in verde, for the plaintiff dAm
SPECIAL TrRn.-BefOre Judge ROOSEVELT.
John Julien Agt VIM Il Dryer
Motion denied without costs unless defendant con-
determine The facts oontoveed the
motion IN which case is referred to z Co~le' ESQ to
SUPERIOR -CH.NstKs-Befre Chief Jussce
OAKLEY
MORE TIyASCIAL DISCLOSURES.
Jean J. Suffer ct o. sg. Thot 7. Wight ct a.
This interesting rcanue was resumed this al
At
TbOs P. wish continued Hi. testimony quite proract
ed and largely into details We present condensed
Previous to November iS keeping books Of
John Higgins Co Snd had dealings with pennsoau Wood
Co He then Europe of Histrs Co whom
he bought Glasgow for f55o After his
from Europe be resided IN Twenty third street but said
that be kept horse carriage sometime. rode
down town with bis mothers, which he ANrrwd cold The
Of the house ~ Twenty third street his
BELONGED 70 his mother and aunt When frst aresel
n. hsS hAnk account AZ the Bank Of North Ams aud a-
private sccouut NJ the Hanover Bank blf nowhere
The amount Of his liability 10 Deais.ouu Wood Co be
20 New Jersey, handed their Attorney Mr..
Thompson aud 70 be sold auction and the proceeds
piled their debt. They brought little tasn tliON
Since the f.ure Bros witness had collected quite
5000 debts Of The The s0V IN Gas.
gov Bank raised pay the debts Of Marry dow OF
foreign debts he had settled one for siSo nodsh he
had alone he would have paid the whole Iae amount
Of those contracted actual purchases was Lot more M
Witness again wen, connected VITA his
ma into business $3.50 Of the capital OF the hm wete fur
bsheS oy MS nothtI az toe oatse Anc anohe s w noo
qu.ny The hTm lived from Deceaoer 70 the 4t Of April
thompson commenced 70 cross examine the iness oat
e" un'npoitAnt questions the case was sdloufned 70
oGsimSu WILSON for pApts., Fo..rr Thompson 10y
eeeBdnts
COURT OF COMMON PLEAs-SrrcIu TsxM-Ocr. 81
Before Judge lScRAHAN
TBE POWERS or ALDERMEN ovFR v.cp.Srs
In she matter Of Sarah iayien on / ,beas r,rnps
IseRAHAs, r. J.-sarah hayden IS Brought before