New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-24
LAW UNIELLIG GNCE
,uRROoATEs COURT-Maaca a-BefOre A. W.

bRsOFosDS
WE Hosp STREET TRAGgDY--DR. BURDELLs FUREI-
rURE TO IE SOLD.
In the u the estate Of Harvey Busle deceased
THE SuRROGArE.-TAe Pabhc 40 ninistrstor, in
vAose charge the pers.nsl property OF the deceased
has been placed Ienfhng contest the grant OF let
tsrs Of standardization has applied to this Court for
Yeemiescn to cell the furniture of the neetate mS
ne 1T his late residence, No. 81 Bond street Ias
motion is resisted by tle counsel of the party claiming
a the intesttes widow on the ground tnss oy oNe
Of s.e bearing date the 18th day Of Marco, 1000,
che 10 entitled 10 the use OF poruon OF eoe iuiH"A0
nutil the Let day Of May pext. ..: 49,,
The paper has been submitted to my inspecuon, eno
6nd tb,A an attempt has been made 10 ooiitera'e
seven and half lines Of the docament. IL does NOT
sppear q, what time by what peron this was DONE
portion Of the matter may sti be oecipoered; our,
II my reading be correct, does not sanction the dea
Nat any part OF the furniture was LII 'eS "
re lease.
Oral proof was offered 70 show the original contents
M the instrument and the wtoess produced for this
purpoee testified that demsed the whole house, et
osptDg the second story and included the priv;
iege OF using all the furniture 10 the back parioI
On croes examination, however, she st.ted tnet sue
lid recollect that the lease said anyning soou'
pHlors OF furniture heren;" but sne had hesrd con-
vsIsatons between the lessor and lessee 10 ne eho,
that the latter shoud have the use OF tne iurh'u'9
or "bsd the use Of the parIors." ., ,..
II IA obvious then that the evidene fahs 70 supply
Che contents Of the obe instrument The WIT
ness thinks that the paper produced wss formery 10
TIE possession of the lessee, aud us history n su.
fine has not been traced Unoer SUCH circumstance
fAe collector who represents the estate resss TINS 40
ve msbonsh might be ustid 10 refusing to direct
sae. when clear adverse title j, established, yet, II
there be reasonable for doubt the proper course
4 70 let the que son be tested by courts having Iis
diction OF the subject matter. Such was my decion
mon melton somewhat analogous 10 the MISTER OF
ne probate of the will of Henry Parish. The Puohc
Administrator is responsible for this property and ne
has had person placed in charge OF it for several
weeks.
think it is my duty to order its sale for the pres
eryatiop and benefit of the estate. There Is 30 othe
disposition authorized by the terms Of the statute,
regulating The powers of collectors and there Is no
scod reason for embarrassing the officer with an un-
1sual disposition of the effects by renting or TOR re-
tanning the property in its present Ocaty at consid
Srabe expense and without any possible ADVANTAGE.
If the alleged interest Ia its temporary use until the
first of May be well founded the claimant has an ale.
quate remedy in the courts of law. An order must
therefore be entered granting the application.
THE TURNER WILL TO BE ADMITTED TO PROBATE.
In the matter Of the will of Henry Turner.
The brothers and sisters of Henry Turnef formerly
circus proprietor this city and the time Of his death
part the Amphbester at Chicago confessed his WILL
by which the whole Of hi; estate $o0OsO was LETT TO
Levi North his partner in business and hearing 10 the
already taken place. To-day their counsel appeared
before Surrogate stated that their clients had concluded
money therefore, brother North OF the Chicago Circus