The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-09

oasior o. Judge Ingruham.
sUPRunn ooURr-0HANBIRe.
BseSut Judge IngzAhan-
Milsss Cams agd QQsys ~. IoAS H. GnilA and OkHs-
Judss lngrahan yssrd save his dsstsion on the n
tion made by plainti counsel Ii Ills sase me nun mr.
ticula Of which we're published in yesterdays HnsArA
70 settle the issues questions Of os arising on the
trial. Tho issues presented By plaintink were - ID.
Fvx-Dld Eliza B. Jumol IN the complaint In Thu 90
ton named Sis = he tine and seized and possssss =
Sseowd!y-wers the piaintns William Bslou yonss
Stephen Juel Jones' Elisa Jumel Tranchell and Loss
Jume Maddox the next OF kin and heirs At law ct ths
said EsA B'Jumel, deoeased - alleged N the 80
7Ssy-wsre tho plaininL In this action, Il tho con.
N IL s ss ~b6S he %
Jums deceased q the time Of her DEATH a. in tho -
SSsSssHy-Dd the ssid Ella B. yamel deceassd, dc
o. Ss9uss q her real Or personal sssas o. Of shsr 4
them or q part Of either o. h'm IS IN tho 'a
EjRly.-b the papsr. writing mentioned and rstsssl
2 4 "a complaints sssrias DE- ;hs assssos Y. a:y &
three any part thereof the WI o. testament Of Ne
said Eliza B. jumsI, dcossssds : NyA
toned hearing date the twenty ninth day OF JulH =
tho year thousand eight hundred and sxtynvc void
= slssSd e s.y q The s.s~s e this : y:
the afmative Of tho ara second. third and fourth Of
the sad questions; and thst tho Defendants In tins
ton shall hold the Affirmative 81 the hh and sixth of
the said questions. And II IL further ordered thnS
ehor party shall DO 81 liberty TO notice the said sues
for trial. and 70 bring such trial. and that this action
for the trial Of said sDues shall Be placed upon
circuit Calendar according 70 its date among Issues n
cases involving the validity Of Wills and shall b entitled
TO be tried In preferences 10 any casos not Of that 0as
except entitled TO preference by statute And
10 further ordered that this action may be brought %
final hearing and trial at the Circuit Court b.
fore me judge who shall hold the same, immedatov
after the verdict upon said sues ct such time thg
after ~ said Judge may direct. 4 uG r1sr.
The following u the decision Of Judge Ingraham,--
The issues on the part OF the plants all sstsIsl
on the hearing OF the motion The remaining questions
those proposed by the 10 ths
competency Of tbs testator and one a. 10 the alleged
The sSos proposed BY the dsfsndans ere iii sovss
by and Included In the fourth Issue proposed by tAs
piAnth and will necessarily Be decided on the doe1pn
Of that question Hthese grounds Of objection 70 THO
will tho only on which the ~plantns reeae4
the Inquiry might be proper IN that FORM because fu
the nature Of this action the plan woud be oonane4
70 the grounds alleged BY Thorn IN their coptn.s Dss
nnd thcrs ere e9verai other GROUNDS sfatsd visIn
competea6y uhdde .nduences imrroper EXECUTION md
defective publication The decision of either q thoes
Issues proposed by the defendants would not be oooA
cive 70 tho decision Of the question the validity o.
the viii other grounds, while general finding -
the validity Of the will would incinde all Others and -
less ncDnyenent Tor the jury Those Issues rejsolo1
Tho residue Of the order was settled 1t the motion