The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-16
IMPORTANT Will CASE.
Intorcstiug Questions as 20 Construed
Wills.

A"sOsOsssue Ve0sssOus - 70 SssossS.s "
Wills.
SUPREME oOUEr-sPuCfAL r1Rn
Before Judge Danela ~
Don. 1S-Winiam L. Burke o. Elisa Vdleweins ct al
Tho history Of this case put before the court By
plaintiff, u foilows:-John Valentine died In Nov
Jersey, December H. 1853 leaving, together With his
widow. eight daughters and four Several OF these
children were minors Deceased's estate consisted Of
real estate and personal property in the State OF New
Jersey and city q New York. BY his last will, after
snas 20 provided for and maintained out OF my prop
cry e me Jaw Directs and after specific legacies
which he 'S Sss a MS s oSS real s"d
should De sola at any time after his decease. 10 the
a,sS Sse h q nus executors excepting so much
and necessary lor her and In the way ordered
and authorized his executors sell pieces property
other portions Of estate also in this CITY and NOT Dis
posed Of except AZ hereafter mentioned The will fur
thsr contained this causs:."I. Is my win and do
the above dowsrs and iegacies when called for shall
main In the hands OF exeostors under their con-
troll Tor the use OF my wife and children while under
age and after my youngest child shall have arrived At
the age OF twenty years, my will s and do order
that ali my property that romans when the youngest
child becomes q age, shall DO divided male and Female
share and share alike, excepting the right or my wife,
Eliza Valentine before mentioned"
Margaret one OF the daughters, married William I.
Burko the plaintiff had issue OF him. and died ntestate
Octobr 1883, her husband surviving her. He applied
Tor and obtained letters OF NATURALIZATION upon MS Wtfes
estate and the 30h December 1885, brought suit as
such administrator against the defendant Valentine
OF her Co tenants 70 compel accounting Of the
rents received by him. The complaint after setting
forth all preliminary statements alleges the invadity
OF her fathers will TO the premises in New York,
which claims his decease descended 70 his heirs,
subject 70 his widows right OF dover. then alleges
the collection Of rents Of these premises by the de-
PENDANT and her refusal account for the same and
concludes by asking for accounting and for judgment
FOR balance dua
The answer admits the material facts denies the
illusions OF law In n0n-accounting the payment
Of the rents under the will with the consent OF PLAIN
tits wife; that she maintained Out of the
estate that the defendant advanced money the estate
which be countercaims Before this suit brought the
plaintiff administrator OF bis wife, filed bill against
both defendants executors TO compel them to account
such. On the 26th OF January, 1885, another action
was commenced BY plaintiff claiming tenant by the
courtesy OF his wife shares of the real estate formerly
belonging her father and Mrs Brown and her hus
band heratlaw Of her father to obtain decree de-
clarng void tho provisions off the will above cited on
the ground that they contrary TO the provisions Of
the statute relative to the suspension of the power
alienation, and that this injurously affected
real Of her father situated the State Of
New York. This complaint prays for decree that
the will be declared void the premises, that the
estate descend to tho heirs with the usual prayer for
decree In PARTITION coupled with for accounting
Evidence both sides has been taken before the
Court, Messn. s. r. Schiefhn, E. I. Gerry and G A.
Rapalo appeared for plaintiffs. and Messrs. w. w.
Niles and 8. H. Thayer for defendants Judge Daniels
reserved his decision.