New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-23
LAW LVIELLIGEVClE.
SUPREME CoURT-JuSK 20

SUPREME COURT-JUSR p
GEN, WASHINGTON LETTERS To COL. LEAR-lSTER-
FsTING CAsE-oPISION OF REFEREE.
Wilson Eye aud Louisa Lncola Eyre his wife sgt Edward T.
Hgbee and Fannie l.. his wife.
This action WIS brought 10 compel the surrender by
the defendants to the plaintiffs of certain nanu,eTp all u
hcb were written bet"een the years 1890 and i5 by Con
sent or delivered by bin Tobias Lear who for many
yeas h private and nsy ;serrts member Of NE hoq'e
extent tho Generals private shefs
The facts about which there dispute In the reference
Col Lear died Washing City, in the year 1916 ntesae
He had been married times benjamin L1ncoln Lear
i,e his second marriage born in l7s and the
Coonos decease. his sole h at sw, aud next OF Hin
From the Loones deeease until benjamin death n October
1872 Benjamin and Mrs Colonel Lear resided ogeherat Wash
ington in house the title of which her and during such
benjamin made viii dared June ~ 1882 "a coy Of which Is
annexed The cOnpan BY which be gave TO ms wife AL the
quests His widow IN 1895 gave birth female child the sole
and next Of lu That child Louisa Of the plaintiffs
ho married Wilson Eyre the other plaintiff on the goth day o.
MIS- epjamin Lear sfterward married a Mr. Derby.
Mr. Cosnl Lear died December 49, 1885, having made will
In witch she appoints, Executors Judge Dunlop OF George
town in the District Of Columbia and bayard Smith, OF Wash
Mr. Smith such Executor and also administrator
de q. OF the estate OF BENJAMIN L. Lear.
ps 20 R doS S ard thee
until Mrs Hig6ee OF the defend ants TOOK them into her
foos q to 90 Mrs Hgbee there states that during the last
illness OF Mira Colonel Lear and while the latter mentally
saas Of & I ss d q ssys spss
S MO La se r pei sound Sdp. 70 CONDITION Mrs
Estee with the widow of James Mason
Mr. fs s dees Ess' to the State Of The
ps % ps sSs On ss qss a.. as to SeT u a
conision support the statements made by the plaintiffs
pTed because in m, view Mrs Rbee has sho% no cE
st hold thu papers against the Colonel
representatives, the other band such title appears
continue her possession OF the however she may
Mia George Arlington the aunt Of Mira Colonel Lear
'nS es ', Of min Of the of Colonel Lear were
sv,I issued an phi u 1891 spout forty yesT' ser his
the oath Apii 5s7 Eyre BY instrument in writing
JOIN Hayes snaee eek In the Gee Of the attorneys for
Mis- Iyre The plaintiffs There consden-
ton To- either these snsers On the 18th April 1857 this
hciion meneed.
ison Eyre did not as administrator of Colonel Less estate
file sn or have appraisers sPponte and no
having given in syidenc thee will Of Benjamin
Lear The plaintiffs read IN evidence assignment By Louisa
Of ths plaintiffs, made April % 1881 conveying to Mrs Derby
any interest tho former nighi have in tie papers.
counsel Tor the plaintiffs produced volume seg, TO contain
e r IN @ eos as ' as s, them
used evidence and ated that be did not produce
that The papers might be exhibited to the referee and regard
ed ss subjects Of PROPERTY oE the purposes Of th. action SO far
should not be printed as pant OF such
The deposition Of Richard kush read in behalf Of the de-
fendants certain objections to which will hereafter
refer
From the facts thus presented draw the conclusions here
bs On the deceae Tobias Lear whatever title or right
he had to The pspef in ps.,ed 10 his legal
stiyes subject to whose claim his widow held them in pos
smd His widow could Lot bestow the papers on the State
Of Virginia other donee for there evidence that
7hpd Mrs. Higbe had greater right than Mrs Colonel
Lear bod and dtan the papers against repre-
sentative OF Col Lear eanng under repre-
TenM The title right of possession in the papers is in
Though Mr. Eyre Hayes receiving condefs
ton snd merely that the title 70 the papers might be vested
net be valid inst persons entitled 10 share the dis
brton Of Col LeaIs estate yet the title thus created good
yh A. to the letters written to him by General Washing
Ii, they lad value literary property tlis would not
thsrge the in this respect because the right and posi-
lily tie d1y OF receiving such letters to hold and preserve
H. subject to the call Of the author when he desires pub
ISL them But whether they have have not value literary
positions autographs Of distinguished man. the right
Of tie receiver TO keep them il valid and ehecua against third
persons having no title.
unnecessary to examine here the decisions made In En-
land and country TO the jurisdiction in equity
I' % s y Ons person to s5I ,a Ge question has
het sought has generally been topreyent publication All the
Judge Due opinion characterized by the Learning
Gth scun ell and good taste Tor which that Judge pro-
eminent tsee "o0lsey and others as Judd IL h'wardsP Pr
ii Of Equity any case compel the delivery or
Tesan the publication Of letter at the suit OF the writer Il is
difficult IL not impossible. TO prescribe any definite rule by
Which 10 detnire whether such letters literary conp5.
,ion have value in Judicial II whether
TIE writer intended the iOr publication and had indicated
intent to the receiver that the latter became effect
tee TO hold them fol- the writer, such rule might DO
niently enforced.
But such limitation suggested in the aud although
Of the less written by Gen Washington 10 Col Lear
relate 10 the most minute details Of housekeeping yet for that
very reason they might be conidetd interesting aud valuable
Ieeay by that class Of readers who rey.eny M
eAibons Of dosyncacy made by iuslous persons An the
conn ones' transactions Of life
nv these letters ATE autographs Of great man. and as such
they be disposed Tor ions Ike Other ar
hchs uddie,g themselves peculiarly the sentiments
cy al Of this think the Court and shoald judicial
c'gnsnce as they would In reference roll Of ancient
ptIytUs
In sense even pac ica the jurisdiction invoked in this
acon may be enforced The papers among e cts OF
deceased person should be- his personal representa-
h,et that th, haIacer and value may be sscertaned
quite true - eohtendd by the defendants counsel that
letters be perty Ia the ordinary sense either compo
ons or hutoaps they should be nveDoed and disposed Of
IKE aoy chettes OF al iuteate but ntns hs the right Of
the plaintiffs In the peseut action changed because they
e MY seeking the custody Of the papers against pa ties
haN no title to them aud how the shall be held distib
SIh The statute Of Limitation has application 70 the
Ain Of M PLAINTIFF because they succeed 70 the use Of Col
Lar and The statute did not begin to run until the granting Of
letters Of administration upon the estate April Is, 1857
Srcn Some Of the pspers IN controversy let
teE- but documents which the property u Col Lear
One dated Nov 30 lBe aud headed Instructions for Mr.
Lear contained directions by the General principal 20 The
as his agent about basness which the latter ia ts
capacity to transact
Another, dassas hA NswY0rA % Ae 10th August I,s