New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-15

New York beside which he had certain other portions Of real
also in this city and not disposed Of except as eaer
The viii further contained this clause at my will and
do order thai all my estate that may be ci aer paying TIE
above dOWers and legHces when called for shall remain b. the
haas my executors under their control for the o. ny
wife and children while under and aficrmy youngt ed
order that Il my property tat remains when the Youngest
child become Of age snail be divided equally among ny sld
children male ana female share ard Share alike excepting he
right Of my wife Eliza Valentine before mentioned
Margaret OF the daughters married VIM l. BliEe inc
Plaintiff had issue OF him born alive and died nieSiate ucI
1868, her husband surviving her.
lie applied Of administration upon her estate
which duly granted by tie Surrogate Of s county rl
fathers will was admitted to probate both NewJesy and
NewYork as wiz Of both real and personal estate =,
rs administrator Of dis deceased wic who one OF The
tenants in Of the real estate situated IN tins ei'y
against the defendant Valentine as one OF is eoer ~
compel an accounting of the rents received by him Inc sl
was brought by the plaintiff in behalf of himself ana .e
GRs. 5cd, D. 81 ses 80 Code SEQ ng) The complaint
sc.s forth the sei1n Of e tcato bis death nd VIII IL pro-
bate and the issuing Of letters the defendant INC nAues %
his widow and heirs the marriage Of the paiti WIN one OF
his daughters and her deecasc 10 years aiier f
having disposed Of hcr interest in the premises ~ % @
forth the issuing Of letters on estate the Tnini oeE
the iiWady of heg fathers viii rs TO the premises IN NTg
jeot to his widow night Of dover II then alleges NE c,g
ton Of rents OF thes premise by me defendant anu m f an
10 account for Tie and concludes VIII prayer iO HH
accounting and cor judgment for balance uqo ~
The admits the material iacs aeLs e uicp
of law and nonaccountiug ayers payment o. the rents u
the will with the consent o. the laihth WIZ 'lv' j
maintained out of The estate mat g ue d ycrs
a defect of non ondcr OF all the heirs as parties. NJ,
his wife filed bin against both defendants executors TO
compel them 10 account MS such. -, . -. ...t onoro
Tie plcedrcs substantially forth the fecs stated above
and prascnt in substance the issues excepting thal inc
COMPLAINT states that all the children were then Oi ui age
On the goth of January isG6 another action was cOMeccu
nv the pantn claiming tenant by the cWtey o. ms Wie
share OF the real estate formerly belonging TO her fr ana y
Mrs Brown and her husbad1s heir at Law OF her uit 10 oD
tain decree declaring void the provisions OF the VIII above
cited on the ground that they contrary to the PROVISIONS VI
the statute relative TO the suspension OF NE power OF %
and that they inuliousy affected certain real estate OF heI
father situated in the State OF NewNOrk The b also prayer
for partition OF the real in question and the deienGhS
Ia Ls action arc the widow John Valentine his clie
and their respective husbands and wives -,
The compliant the seizure of the csiaor OF he i
estate mentioned and the facts substantially contained IN to
prey complaints it further that Burke on MS Wlie
deceasc became entitled lie estate in her share us tenant
b the courtesy then forth the respective interests OF
the defendants premises the receipts OF the Iun
and profits thereof by widow and the exoeuofS ana f
decree tat lie will be declared void % Tue PROMISES hu
TINT the estate descend the heirs with the usual I LOT
decree in PARTITION coupled with one for an cccCuhlihg.
Several answers ntGpoed substantially aGht lhe cts Dut
DENY the conclusions OF law ana SCI UP U! wa! VI uon'o ~
matters already mentioned
The still on . u - 50 VT
George Schedein Elbrlgc T. Gerry and c. A l.apelo
for the plaintiffs; w. W. Niles and 3 a. lhayer Tor defend