The sun. [volume] (New York [N.Y.]) 1833-1916, 1862-02-11
Hsinsss, make. The defendant. n.bls. Tue case


9apreme Ceurt.
Hdyridqe lSeniep,erf Of John jacob Ascr's
gysndsugkier- franets hoyTfs vs hargsrd Astor
,ered for the defenAa NOM TIRE export Of Mr. Geo.
N Titur, ~ referee The question In the'case Is,
whether NJ. 8 uusl wa,d took, by dss ent frnm
liz aon, wilian Samuel Ward, an estate ia Zee
Il nple in certain lots II ~ ~ street In this
,ty, = cnl, an estate f'r me- Th~ property was
settl.d " John Jsoub At uirn M' Rrtnddaulsh-
ter H. " A.tnr tiaurhter Of wIsm n As, y. .
few days aher her marriage with Mr. Samue Wsrd.
Tie dee ~ statement declares the cans de rAton ~
he enc dollar, and natural We and affActirn. The
lots In question were settled on Mrs. Ward or her
life, with remainder 70 her issue IN fee Mrs. Ward
died IN lSil, leaving t~o children, Msrgar,t Ast
Ward and william Samuel Wari This latter oied
shortly after his mother, and the question u, What
estate DID bis father take in the sons mety Of the
said lands This que sti0n turns up the construc-
ton 10 be givtn " the Statute Of Dssceuts, which
tnacts that In case the iutestate shalt die ~ithnut
lawful dies pendants, and leaving father the inher-
hance shall go " father, unless the estate
g o. interstate on the part Of his mctNer'i.e by
devise gif, or descent from her, rom any latve
Of her bloud, and such mo,her be living, but # such
mother he dead. the Inheritance descending on her
part shall 60 70 the father for lie only
For the deiendent II IL coutended that the lAnds
came " the defendent hy ga from John y. Astor
This u the principle point In the case. The p'Ain
MI contends that an estate c1nVeyed psr,y VA con
siderAtion Of money II not conveyance b,
way Of gin, and that unless the convevance be
wholly by way Of gin, the case Is no, provided Tor
by the statute Of deecents and the general heir tthe
faihsr), must lake the estate absolutely.
IL IL also further contended that, a. John JACOB
Astor prmis' before the marriage toik place that
he would make the above mentioned settlement upon
his grand daughter upon her marriage, the set,le-
meht must be regarded having been msde in
pursuance and Performance Of the promise, md,
therefnFe that the estates conveyed by the settle
nient were conveyed In consideration Of marriage
that marriage Is a valuable cnt sderAtinn. and that
. cunveyai 90 for valuable consideration Is no.
gin IN legal contemplated, Whatever may be the
popular Signih, alton 81 the word
Il appears that Mr.. $ .nuel Ward upon tie Heath
~ bis snn assumed ~ take only an estate Tor is IA
the Is in question. During his absence in C,lifir-
nia, his daughter brought a. action against
him, and caused thd estate g. he Ho.d "
paw her hthe = shs-e ~ t,Ns- aud other eN-
minor ~ the time, and her grandfather wm. II.
Asst ~ who was her guardian, Instituted and cou-
duct.d The suit On her behalf The title ~ Mr..
wa-d app.ats w. have een W stel nominN'y IN Mrs.
May q Gin, who was also m,de defendant In the
sut NJ Morris became the purchaser under the
Judgment ard Afterwards procured conveyance
from Mrs Grthu n ~httever estate she might hold
in Ntiti iu Al estate fur q life ~ Nnue Ward,
which Was sold under the iuitciL proceedings.
ing thus invested with the fun CLAW lie now asks
fot decree that he Is eLt tied In fee smpe aud NOT
merely Tor the life Mr. Ward.
| The c',ndant fra utler defence " the suit
dr q AZ her tsther having Gu til" trt instance
clan ell unh estate for life, Is now estnppei hum
citing mp any 'irthrr title t. thr ~" p,Aintn
| rep irs that the claim made Ivy mlstske, and
that IA equity this IL no bar Ia = claim Nuniei on
| tie true state - tie tte-he b-iug willing ~ ~
| unit and pay up. ~ IA ~ place the defendant in
| the simc position che uld have heen in, II the
mistake had not been made.
Court Of GENERAL se--icus-NIonday.
Before the Recorder.
Frederick Lenor, keeper Of dance house al
Soa 81 and - Water street, placed On Trial frr
| huncide ~ Thus. Ryan. his floor manager by
shooting him in the forehead On the evening ~ the
LIST ufJn uary last. The ball taking e'-,t upon tho
| deceased, who died nine DAYS aiterward4 The de-
fence claims thai else fred the pistol. Tic
case was net concluded, and will be resumed today.
SATURDAY.
| Judge McCunn. ON Saturday, decided the case Of
Charles Cubel, convicted " abortion. lie denied
the motion for arrest " Judgment, an1 refused "
graft u stay Of proceedings. The Court, upon ap.
| pucaiios OF Mr.. Bankman, however, postponed the
| sentence I'LL Tuesday NEXT
| Thomas White, who pleaded guilty " mansiaulh-
ter in the third degree, by c,usinr the homicide Of
tt onSs J. Coglan, waiter At the 81 Nicholas II BE-
| tel, was brought up The sentence q 1t the
prisoner lie confined In state prispl r i.u- years.