New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-09-15

TIRE ard The arnsr fe,.cee upor 70 drsish the ca,-
rom TIE aspiration o. e geterS phi dpe cesay deser'
been al TO give othe cAse hsya TO TIE uscn
otwihou some hesitation that this fs,lre should
the charge Of theegaces he grandchildren dlst guish
foup S% tie PSp Upon D., the prsoI m
tie partif be rnn,andnsmely th.t the Court
% that he sese % S .SonS the e s. See s
mine immedtel, ser satisfying assuming The charge b. frs
For Of the parcels devised in fee Is epp en h
loss cannot be any pedcacd upon the termination Of the
no in pcson IN The Homestead could arise in
But not sathed that this s the true state n-nt Of the
principle Of this class Of On the contrary Of opn
ion lit appears upoo the Of the viii that thu devee may
be ,1 ct to os by OF chsEs' une.s fee Paa'
life ineret ser the payment or oohga,io to the charge
And S,nns his 10 be the true statement of the principle
then it parent from the will thA miles the son lB b.
scies might subject him 10 aught sppes the
ober parcel might not he sufficient value 70 satisfy Tie charge
stsndipg the GIT Of the fee in this parcel
In snswer this ow IL proposed TO prove that the VII
h, ssh vas worh $50 -hch proof was reected
and this raises the question as 70 its dmissbiity
without limitation and chArgs in mPossd N,
u" I fee passes and this however, the sum chsrssd
compared with the value Of the land For the estate might BE-
amount Of the charge And proof the subject dor. the
viii could change the character Of the device or snow that the
loss il inevitable from the sse estate s the devsee
aud GROSS srm charged upon him personAy iin
proof received iooence the judgment Of tue Court up
The have found none and think the proof
v general principles ning the notion OF
wills lee md In the books where the vsIe
given In the statement but In which
wRs VIII Nv muaers respects the principle involved and
In most Ct the regarded by the Court Vim abr Tit
Devise ut 26 49, H. Rep. Golfers Case IL is to be OBJ
served In England when speaking Of the yearly value
OF an estate It's value gross there degree Of certainty
ON TIE subject respect 70 the of estate In this
ives long term Of or In
peuity for given rent determine the value instead OF rofeu
toa
with the different opinions OF the tribunal
theie fixed value in tbs present case OF the
the II gish referred to inclined
TO Think the fact would be- received TO ebot the inference Of
possibility Of loss The proof would be In the nature Of record
evidence Of the value 80
There 10 another view Of this viii worthy Of notice life
estate in the two parcels land devised to thu widow subject
10 determination the event Of marriage The estate how
bomeso TO the that Of reuspdr carving out this
life estate will pass under will by implication in case
of dyte land after the death OF the wife The law
the be that the widow shall be tenant for e
resinder take the rest OF the estate This pnc
ME isa applicable to the present case.
The Conjunction insisted upon by the plaintiff would give to
the the Homestead for life only after life estate In had
been limited TO the widow. -
In esdnR the whole will II is difficult TO TO the concu
sop that this the intent OF the tettator
Judgment for the defendant
COLLISION CASE.
Phsw agt. Smith.
This was an action for a collision that occurred off
PaInegat Light April 1883 This schooner Phsw sank
and holly lost with her The scho mer received bl
Sbi inTy The case he ard in the Dct Court before
T. dee It's in January 1885, when decree entered for
son ON sppe, from the decision Of the District Court DechOn
1T Williams for nbeiants; +. c. & C. L. Benedict
spOndents-