, 1863-11-24
LAW INTELLIaRyCE.
ClHCU1T COURT OF THE UNITED
STATES.

Eliza F. Burch, Executlfx Of Thomas Burch. de
cen sease9, ST. e. lsasc Il. Bureh, John R. Valentino
5uege Drammona decided yesterday morning .
very important case which kas been before fht
Court on its chAnceT side for come two yearl
nadsr the aeove title + arose ont q The par
Thomas Durch and bis brother ieasc Burch. pre'
y1ons to he death Of the former and tie facts arc
na11RS Rs,tnshP .aS Tss is1nsa between rhos
Il. Bn1ch q c., In The banking business In Chica-
So which continued TIL 1850. at which time It was
attssolved By the death Of Thomas Bureh. During
mcnt Of the business, Thomas III lie VILE Tss}d,
Ing In the State Of New York.
In 1854 Thomas Burch made his will, by which
Eliza F. BuIcb, the complainant ln ills case, s ana
his TWO daughters, Of whom only one survives,
and appointed bis ife and biz two brothers, Geo
ecuto.s. By this viii, Thomas B1sch nIoTided
that the funds which he had In the banking house
Of ,l + r. BuIch q Go. might. At the discretion Of
said dlm for period OF time not exceeding i've
years from his decease-the business Of the arm
70 be managed. as 1t was then managed, by Isaac
q. Bu1ch, in conjunction with the eIecutrtx aud
executors who were to act IN place Of said Thorn
az for his estate
Two years alter Thomas Burch had made hts
viii. in 1856. !: r Valentine became a member Of
which provided that he was not to receive any
portion Of The prots nor be liable 70. auy Of ths
losses Of the concern, but was to receive ii lien Of
ThoSas asBaa axs a. 5 fe
alleged hy the E1ec1trix, the complainant In
The BILL that the share IN the capital aud earnings
Of the hIm Of !. Burch d Co, belonging to tie
twenty five thousand dollars, While + q, Durch.
the defendant, clatms that from this sum should
be deducted Thomaes ahare Of the losses resulting
time been charged up to p1odt and loss.
We beiieFe it is admitted that the executors
and e1ecutzdx Of the estate Of Thomas Birch,
DIM of Baieh e., nof ~ assumed u1s1s IL ~ co e9s
junction with Isaac q. Burch, md as he repre.
fentatives Of the estate Of Thomas Burch. any
sh1re T. The q t1s
an assignment for the benefit Of their creditors,
b. which the representatives Of Thomas Burch's
estate were treated, not ns creditors Of the dsm
by Thomas Burch a. the time OF his dcccase, but
as partners entitled to thelr gro ratd share Of the
e1rplns after the debts and liabilities Of the finn
:, In conse9uence Of this assignment, It sesms
hat Mrs. Eliza F. Burch. executr11 as Aforesaid,
aled against the members Of the firm Of I. II.
stenec. The billi chance1y, which WAS the initis.
Jon Of the present suit. In this bM ehe alleged
hat the estate Of Thomas Burch Was entitled to
aaesa q 81 e. @ q hes cellar, @ -:
isEed The Court to decree that this sum be drst
oad to them before nnythtng should be distributed
o the creditors.
The Court decided that iuaerupch II ths eyecu.
ors and exeeut1ix had never authorized The con
,nuance Of the funda Of the estate Of Thos Barch,
the i'm Of I. 3. Burch T. Co., after the death Of
Thomas Burcb, that the same were continued in
he business OF L q. BuEeh g. Co. without The au-
bortty Of law. and that / q. Burch held the eame
a t1net for Thomas Burchs estate, and that the
omplainnnts are entitled 10 an account, and a
#. renee to master WAS therefore ordered to A.
e!tatn the amount Of Thomas Burch's interest In
MD business ut the time Of his death.
For Conplainant-B. F. Aver, Stark & Ish2u.
For Defendnnts-I n. Walker and Hoyne, Mil
er & Lewis.