New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-02-06
The following table exhibits the comparative APP
praisements Of the property in the city belonging to
the estate, in 1851 and 1851

The sum Of sos ,l63 43 is, under the rule of the
Board, on deposit in Branch of the Louisiana State
Bank, bearing interest at the rate of 81 per cent per
annum. No part of this sum can be drawn, except
by the order of the Board for the payment of the just
and legal debts and the proper expenses of the ad
minstration of the estate.
The report states that the city property is almost
the only productive portion Of the estate, and adds
It appears that the estate has yielded for this last
year $26 500 The amount of city taxes for 1855, due
in 1856, and pressed for by suit, is SIG o00 If it
be decided that the city OF New Orleans has the right
the real property of the estate in the city and
the amount of tax deducted from the revenue
$26 S0o--the net revenue would thereby be reduced
to sl0,s00. The Board present this view in respect
to the net revenue to show how small it is, and how
much the interests of the cities and of those who
to parae of the benefits of the charities of the tesla
tor would be advanced BY partition of this large
tate. Surprising the estate to be worth two millions,
and that sum to be invested in bonds yielding per
cent the would then be (of course free from
all the expenses of administration now weighing
the estate and consuming iD $4,000, or 100000
for each city. @
The report further strongly urges the necessity of
partition of the estate, and states that petition
therefor was last winter filed in one of the District
Courts, but the city of Baltimore had the cause re-
moved to the U. S. Circuit Court, and the counsel
for New Orleans then discontinued it.
He commenced another suit in the State Court, to
which he has made the Orphan Boys Asylum of New
Orleans and the American Colonization Society par
ties along with the city of Baltimore for purpose
of having the egacies 20 those corporations legally
and properly adjusted and settled with the Cities in
order that complete and final partition may at once
be decreed and made. The decision lately made in
the of the Orphans Asylum, will tend to for
ward and facilitate the partition and final settlement
Of the estate. 1t is believed that il no obstacle or
delay be interposed, the whole partition may be
effected in a short time.
Mr.. Bonford counsel Of the Board, submits re-
port upon the condition of the estate with respect to
an claims, suits, and other matters pertaining to its
interests.
The litigation includes cases important in respec
to the principles involved and the amounts in dispute
One of these is the claim of the heirs of the late
Shepherd Brown, of whom Mr.. McDonogh was tesla
mentary executor. The object of the suit is to re-
the interest of three of the heirs of Shepherd
Brown, in all the property of which the succession
was composed, and for which it is asserted that Mr..
Mconogh has legally accounted for to the par
ties in interest.
ms clam was the object of suit in 1923, result
ing on Judgment against Mr.. McDonogh, which was
pad. The present plaintiffs claim that they were
tt'eh 'hots, ana that The Judgment was nothing more
than contract of compromise, in which they were
not fairly represented The has been tried in the
Second District Court of New Orleans, and Judgment
rendered in favor of plaintiffs for ll.l92 parts OF
Browns estate. The report says:
From this decree an appeal has been taken on be
half OF the two cities, which is now pending in the
Supreme Court. 1t is difficult to estimate the amonnt
of loss to the two cities under this Judgment shonIT
It be confirmed by the appellate tribunal. 1t may
however, reach the considerable sum of 500 000
Repeated conferences with the eminent counsel VIII,
have been specially retained to protect the interest
of the cities, warrant the expression of my stron!
confidence that the decision of the inferior court vii
be reversed on the appeal
The second case involves the claims of one of tn
particular legatees of Mr.. McDonogh-the Societ
for the relief of destitute Orphan Boys-aganst tn
cities as his universal Successors conditional judg
ment for the sur of 100000 has been rendered il
this case, against the defendants to become executor