The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-17

stArt 70 secure the w,asws sses, ssd bss he ssus,
. No W Ave Of ne Fan.ins ere thereby ~
~ ~ ehess1sly cut e. N these ans wers w -
f.g -. rrea, and the demurrer vas argued seSore
ssI .ss iaaes E,wards who, IN March, 1851, gave
' amend o. .s ave Sq ss =,
kate 70 he paihss.- waterfall smendments 70
| plaissins bsviba made souss n..-
..e usx Fri IL they haa 70 The original Complain. me
cause WA srlerwsrds and IN November 1883 brought
al On the pasdng- and proofs before hts Honor 1,aEs
Hoosce, ~A0 hsrs.c sstenasnss .S1 con
rlsin,, but wsb% Costs anu isss entered aoss.
The points argued by the dofsndAns are THAI The main
debts TO secure, beyond any contingency, the panesa
Isy msnt Of the annuity of $4,000 W hia widow,
his ehudrcn He, therefore, d,rec,oA The sum q
Se0O 10 be nted ami nvestod, and tho interest and
income thereof aished IN the hrs' place !" the y nsn'
Of sUch auppi AND WIKI he oreeaw Thai 70 rase this
wUuid b. arrhce h,r a~tAte sui he determined
that inch sscrbce should be maie unlsse the willow
wiling I" ACCEPT cex psrp Of bs productive real estate
ior ME ip,itad the annuity dinerent arrange
dis poeiioI of bis property should be made bv AID
Nth ,ha "f all parties interested; and upon either
being done be 7. main1er of hi tat, should be dvden
without unnecetsary delay. II was not the intention Of
the ,aor to an, provisions for bis grandchildren
II he HAD them IN mind II only In reference N the
raising investing The $6 900 for the widows annuity,
which Ia be superseded either by her accepting pro-
auciive real tsaie In heu af such annuity by tue
ne Interested making sone different arrange ment and
di petition az hk roiSiiy. IL was not his intention "
have portion Of HI estate saved tor dktrbut1On
sm, pg them The "Iariies Interested" 10 whom he
e~ Of making different disposition OF his estate
gwen the w,do~ aid children % the tctator, who,
nj his deaib, when such srrangem mt TO be male,
wOnlc be ibe only parties capable Of asserting The
ator djd cont, myac having the assent O grandchi
drsn who might then he uoborn infants fncapabs IN
mw 81 Swing hin ing assent and construction which
wOG ipclune them within mat could b. unnatural,
ana a. nst The design Of the to tator or bav
ing specoy dvi hm nj his estate after his death Tho
Arrangement and partition Of the estate which
made by and between the widow and chill.
oreb, ratified ami carried into effect by the de-
cree 81 the u urt OF Cha Gerry, was valid
arranged eEt and settlement OF the estate under the WITT
ana and J. operative ana binding upon all the parties
thereto am cut of every possible and oOntingest future
intereet which The plaintiffs ana the other grandchildren
had The lands ed under the decree Of the
ny the executors Of Dominic Lynch N Jane Lynch and
Frederick d. Peyster, subject TO the charges and
brsnces imposed thereon, the sggreg ,e shares AMI
Interests If Mr. Lynch, Dominic Lynch, Louisa Lynch
ann Dominic Lynch lAsren 70, IN the e-aie, ami
accepted %, them Ia full satisfaction ana dscnarge OF the
devices and heqests 10 hem respectively. The children
OF H~nr, IT, neh have no interest in title tp Me premises
conveyed IA Mrs Lynch and ederok De Pey II
iDrqulab. iT them CLAIM any interest therein after
iteif father had received his full share Of the The
will Of Mrs ~ neh executed 10 form Of lAw and
~as a valid execution of the poSer given her by
will Of domino Lynch u not necessary that her
will rh0uld r-c the power Of appointment The Judg
mtDt Of the Court NJ eni should be arme with
costs
The points being argued by great array of counsel
on both sides.