, 1862-10-28
LAW INTELLIGHNCE.
The Rurch Case StW on.

CS11ED STATES CouRr-D1ore Hon, INos.
Dsanamond.-The case Of Burch ". Burch and
Dexter came up again yesterday morning.
Ill. Walker opened the argument for the
defence In clear and forclble speech of over
three hours. It will be remembered that the
complalnants take the ground substantially
that the will Of Thomas Burch, the testator,
having been made in 1851, Was operative only
upon the firm then existing; that IN septem.
ber, 1853, during the HE time Of the testator,
new firm WAS formed composed of l. Il,
Bureh, Thos. Burch and ]. r. Valentine; that
new articles Of co-partnership were then
made and new contract signed; that this CO.
partnership and contract operated as reroca-
tion OF the will Of the testator, so far as it
gave discretionary power to the executors to
continue the funds.
A1r. Walker for the defendants followed Mr..
Aver for complaiuauts. He conteuded that
the contract made with Mr. Valentine In 1858,
did not create apartncrship. but that the flrm
remained the same at the death Of the testa-
tor that it was in 1854 when the will was made,
and therefore that the executors had q right
10 continue the funds, the will not having
been revoked by the new contract. It was
also conteuded that the executors took out
letters under the bill; that they elected to
and did in fact continue the funds, and had
authority to exercise their duties over the
funds in the bank, outside Of the State of
New York.
Mr. Thomas Hoyne followed Mr.. Walker on
the same side. He started on the brosd has,s
that, as the c1ccutrix, complainant In this
case, with the executors, had allowed the
funds of the estate Of 1hos. Burch to remain
In the bank three years after the death Of the
tcstator, they could not now be allowed to
come in On the failure Of the bank and take
Priority over the general creditors of the firm,
he argued that all the parties and the assets
were now in q court Of equity, aud must be
submitted to Its decisions, and that the court
In considering the points involved, could not
overlook the moral questions which had been
raised during the progress of the suit
Nr. Hoyne then proceeded to a discussion
Of the facts developed, contendlng that they
established, beyond dispute, the intention Of
the testator to continue his funds In the bapk
Of L IL Burch g. Co.. ut Chicago.
Mr. q. G. Miller will conclude the defense
and 5fr. Stark will make the closing argument
for the complainant.
CIRCUIT COURT or Cook CouNrY-.B.f1re
Hon. George -Aante7Tr-This Court has been
occupied for several days with No. 29l-chau-
ce1y-ODEien ct al. ve. L. B. Otis ct al. The
oal IN this easel is 1led by the widow aud heirs
o. A1ehael o'Brien to set aside certain prom
4esoty notes, mortgages and trust deeds exc
cuteo og oBrien In his lifetime, On the
ground of insanity.
o. a. trvin appeared for the complainant
and Joseph Z. Cay for the defendants. A
large mass Of testimony has becn re.a -
the Court, and lengthy arguments w.ra n.ds
| bg both counsel. The conclusion was 7e,chod
last evening, and the Court reserved aa-
cIsion.
SUPERIOR CouRT.-Tha various brauchcs of
this Court adjou1ped on Saturday for. the
term, according to law. The November term
will open Monday next
CouHTI CouRr-RJore Hon. Jan.<, B, Bnad-
soen-The viii Of David siegwId was offered
yesterday and proved, The testator was one
| Of the owners of the New York Hotel on Rsa-
dolph street, and WAS n old and we'll known
| German citizen.
Simon Klein u appointed guardian Of
Emanuel Aandel-bond fixed at $1,000. Bond
approved and letters granted.
No1x-We hzd prepared from the notes Of
counsel, for publication in the TR1auss Of
Sunday, fuI report Of the case of The CITY
against Lind ct H.. which was On trial In tho