The national Republican., 1867-07-17
THE COURTS.

EQUITY CoURT-Cht3 Justice CARTIER
The Court met yesterday. at 10 o'clock, and
transacted the following business:
1876. Geo. ". Allen Of al, vs.. J. Coyle Of al.
This case was begun In 1858, and Is q suit by
plaintiffs for the sale Of certain real estate, sit.
uated on square 323, and fronting 20 feet on ID
street north, between Eleventh and Twelfth
streets, and the partition Of the proceeds be.
| tween the PLAINTIFF and defendants. The plain.
tifs allege that the ancestor from whom this
property is derived is q Mrs. Andersen, from
whom all parties TO the suit are descended. The
defendants contend that Mrs. Anderson had no
| title, but that the property descended to them
from one Francis Coyle
Il appears from the papers filed in the cause
that the Mrs. Anderson mentioned frat married
| o Mr.. Coyie, and after his death, q Mr.. Ander.
son. BY both Of whom she had children; the de-
scendsnts BY Coyle being tho defendants, and
those BY Anderson the PLAINTIFF In this suit II
appears. also, that in 1904, after Mr.. and Mrs.
Anderson were married, they occupied th prop.
erty, the Coyle children living with them; that
Cornelius Med. Rowe, the owner Of the property,
agreed TO lease II 10 Anderson, and that Andor-
son, for confederation, executed . paper, which,
however, failed to have the proper number Of
witnesses conveying this promised lease to Francis
Coyle, his step.son.
Anderson died in 1907, and Rowe executed
| To Mrs. Anderson q lease for 90 years, renswa-
bic on the same terms, Of twenty feet Of lots 8
/ and Q, adjoining lot 10, In square 1913. Mrs.
| Anderson and the Coyle children continued to
occupy the house, some Of the witnesses (all Of
whom were old persons) deposing that Mrs. An.
derson was the mistress Of the house; and others,
| among whom were boarders at the establish
mont No. 1924, dsposing that =. Coyie kept the
house as Q boarding. house, and that his namo
was upou the door plate. Francis Coyle died
In 1926, and Mrs. Anderson In 1887; but tho
widow Of +. Coyle and her children continued 10
occupy the house until 1889, and from then
till now his heirs have hold the same and TO.
osivsd the rents and profits. The Aliens claim
that II was not until 1858 that they knew that
they had claim upon tho property, and that
thereupon they entered suit
Messrs. Webb, Kennedy, and Laskey appeared
for the complainants, and W. s. Cox for defend
ants
| It was contended for complainants that Mrs.
Anderson held the property In possession until
1887, and had the record title to III that even u
| II should bo considered that Francis Coylo and
his heirs had possession, II was permissive pos.
session only, subordinate to the right Of Mrs
Anderson, and therefore not subject to the stat.
ute Of limitations.
Mr.. Cox, fer the defendants, held that the
papers proved Francis Coyle to have been in
possession In 1904 that tho lease to Mrs. Ander.
son In 1907, inasmuch as 1t purported to convey
20 feet Of lots 8 and o. adjoining lot 10, was an
impossible description, as the width Of lot Q was
over 20 feet Either, then, the grant conveyed
part Of lot Ga different property from that in
question-or II was void for uncertainty.
Tho Court withheld Its decision, directing
counsel to furnish abstracts Of the records and
depositions.
| 097. Mansell vs. Manseli OF al. Order ap.
pointing Charles Curtis guardian ad Item.
| 1000. Adams VS.. Strong Order for rule to
show cause.
73l. @. II. Dyer vs.. John F. Dyer OF al
Decree ratifying trustees sale, auditors report
and distribution.
1901. Hill vs.. Rapley ct al. Order appoint
ing guardian ad Item and substituting trustee
2. r. Jackson trustee to sell.
976. Rupert vs.. Greer OF al. Decree appoint
ing Bernard Grier trustee to sell.
The court then adjourned until this mornin;
at 10 o'clock.
i ORPHANS CoURT-Judge PurceH.-Th,
court met, as usual, yesterday at noon.
The case Of the contested will Of Mrs. Fear
son, of Georgetown, was taken up, and the mo
tion to set aside the probate Of the will, and th
letters tsstamentary in the case was decided b
| the court.
Judge Purcell said that this case had been AT
gued with much ability on both sides. The viii
had been drawn by an eminent jurist, and tn
admission TO probate made without objection
But the statute ofl798 was peremptory In its d
rection that notice should be given the relative
+ In case Of probate Of wills--if such relative 7,
sided within tho Jurisdiction Of the court Her
D II was admitted that q relative residing |
Georgetown and within the courts jurisdictio
. had not had notice. Tho petitioners had com
r into court within thirty days Of the timo Q
r granting the probate, and claimed that as the
had no notice Of the probate II should be Sc
4 aside, and the petitioners allowed to be presen
a | when probate be granted. 1t had been con
tended that the statute was not mandatory, bu
left the matter to the discretion Of the court
even IL no party could be deprived Of life, lin
|, or civil right without being heard. The cour
4 therefore, must order that the probate Of th
will be set aside and as the letters tcstamentar
= were merely consequents Of the probate settin
i aside, the ono operated also to avoid tho other,
The following formal order was entered:
In the matter Of the will Of Mary Ann Fearsoi
/, The notice to revoke the order admitting to pr
!. bate the will In this case and the order for Il
q grant of letters testamentary upon tho estat
;, having been argued by counsel, 1t is considert
s by the court, and ordered, this 10th day Of JUL
1857, that the order admitting said will to pr
bate and also the order for the granting Of letto
J | testamentary, be- and the same are hereby, r
y vokod, and that the letters testamentary herst
: fore issued on the estate Of Mary Ann FearsC
Z be, and tho same are hereby revoked aud Al
nulled
Mr.. Barrett and his wife entered an appe
l. from this decision Of the court and unless Il
n appeal Is withdrawn the case will go up at on
5, to the Supreme Court Of the District.
Accounts Of Christine Il. Nally. guardian
T. Margaret A. Warner, D. g. Warner, s.
!, Warner and II II. Warner Of G. II. Lloyd, q
- ministrator of Virginia Milstead, as guardii
- Of her children; Of VIM. p. Particle. admin
y traitors Of Alfred Particle, and of Samuel Fowls
Administrator of Mary NJ. Dufuf, were fled
nj Citations against P. Marshall, Christian ols
IN and Jno. b. Hutchinson wero returned execute
% Mary Ann Dukes, administrators Of Lev
Is Dukes, having declined to give tho counter
curity demanded, her letters Of administration n
NJ guardianship were revoked, and shc was direct
= to settle her fduciary accounts TO date.
"a Benz. II. Cheeyer was qualified as guardian
'' Benz II. Cheeysr, jr., with bond Of $500, a
DoVere Burr and W. G. Gregg as sureties.
" Jno T. Kelley gave bond in SO, 900 as qua
,e dian Of james NJ, Susan r., and Sarah
Ie Dukes, Of Georgetown, with David Edes d
Jno. d. Davidson as sureties.
,d In the case of Henry seitz, guardian. an Q
n- count Of 5000 for board Of ward was reduced
IN $500, the Court saying 1t could not pass su
IS. large charges.
Mr.. Larkcy, appearing for Edw. Thompsc
administrator Of William Richards, stated,
l.. l..