The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-31
Court of Appeals.
Present all the Judges.

Hiram r. Smith, Administrator Of Jos. Ward, rs. The
Neio Fork Central Railroad Compdny-rhs was an ap-
peal from a verdict in favor Of the administrator TO the
amount Of IS 900, which rendered before Judge
Emotr and jury in Albany 1t appeared on the trial that
Ward lived in Ohio and dealer in hogs. On the
oath Of March 1855 he shipped with the defendants at
Buffalo lot OF hogs To be taken 70 Albany, under spe
cal contract, at reduced rate This special contract,
among other things na me rps rss
per sonal injury from whatever Cause Mr. Ward accom-
panied his stock, having "drovers pass" THIS pass
10 the injury Of himself or stockn Al Rochester the
in which Ward and others had ridden from Buffalo
was changed for an eTig.ant car which the
and in that they proceeded 10 Albany. At OrisRany
this car went off the track. Ward jumped
effects OF which he died an hour afterwards 1t was
claimed by the defendants that by the terms Of the con-
tract u1der which Ward travelled they were not liable
fof any pjures sustained by him. Toe Judge, on the
trial. charged that the company were guilty OF gross
negligence On appeal TO the general term OF the Third
district the charge was upheld and new tra refused
court. Decision reserved
AN OLD WILL CASE.
John p Bcekndn, Administrator, rs. The People and
George N Caapmas & al.-rhis action was brought by
the panti ia 1851 70 procure Judicial construction OF
the Will OF william Barthrop Barthrop died in 1888, at
Kipderhook. having estate estimated TO be worth
$500 o00 mostly personal fhe viii directed that the ex
ecutors purchase farm and convert II into sort OF asy
lum for the nephcws OF the deceased who
the children Of sister in Nottingham, England, and bot
whom named in the bcqoeet II also provided
for the founding Of dspensary by the executors after
the plan OF the in this city for the benefit OF INDECENT
persons The dspensary 10 be founded and its an
paid OF the estate in the hands OF the
II any surplus remain after the lapse OF mr.
teen ears the to distribute such surplus
among such other charitable institutions they should
select number u other requests were made char
table and otherwise but the legaee In each case was
named of those contested. The will 10 contest
ed upon principle % law that where an estate IN re
mander s left hgatees not named or indicated, the
bequest m void In this case, n the VIII Is broken, the
rea estate will eschea the state and the personal pro
perty no 10 the next OF kin The was tried az the
circuit before Justice whitehall who sustained the vail
dity relating the pubic dispensary and the resduay
clause directing them be carried into execution The
provision resp citing the foreclosure Of the farm was de
clared void The Court also decided that the paintn
as executor with the will annexed, had the same power
10 execute the will he had been namef therein The
plaintiff appealed substantially from the whole Judgment
The people appealed from 80 much OF the Judgment a,
held that plaintiff had the power 70 execute the vii
and perform the established by the Judgment
Upon these appeals went ~ the general term
that court where the Judgment below was substantially
reversed From that decision the people appealed 70 thu
court where same questions are at issue John u
Reyr ods for people, John Van Buren, and VIM Curt
Noyes for plaintiff. - So
day.