The national Republican., 1867-11-04
THE COURTS.

SurREuE CouRT-SEsERAL TERM-Chiej
Justice rdrtisr and Associate Justices Wylie and
Fisher sitting IN bdnc.
A LEuAcY ADExrrIoS CASE.
The cont immediate y upon assembling took up
Sd. (Equ!ty) Pierce Va. Cox Tile Is suit fJr a
legacy which, the defendant conebd,, was paid IN
| adssmtd or taken away Tho case was argued In
the Equity Court In July last, and was at that time
rsported under The Courts'' OF this paper at
L siderable length.
The case was argued yesterday by Mr.. LovtJoy
| and MI DAvidge for the defendants, aud Messrs.
Philips and J. Brent for plaintiff.
The plaintiff, eontended, In addition to the posi-
tons assumed at the trial below, that inRsmueh as
the clause q the will under adj udieation gave 81 30
IL stock Of the city Of washtnstDn'' and not "out
| off, said stock, such words constituted u specific
| legacy, not subject to Rdempton.
Tbe defendants ergued that a. 1t was evident that
tho Cb.set Of the legacy had been satisfied by the
isslAof 10 hts IIfstms aud the sgaey was evidently
general legacy, though charged upon a rp0eIEe
fund, 1t was clearly already satisfied or adsemed.
| The court held the latter under advisenent.
Az INJUNCTION AdAISsrTHE CoAAIsSIONER or PATESTs.
Howell Oliver, OF Newark, N. J.. ys. r. G
Theaker. This IL an application on the part Il the
plaaufs, patent leather manufacturer, to restrain
the Con missioner OF Patents from relsEulng patent
TO J. A. Dawson for an improvement in leather
The case was argued by Nes,rs Chipman aud
Smith for this applicants Gnl Mr.. J. J. cnOmbs In
Tho h!et Justice said:
You have right to maIdsnus 10 compel the
commissioner to allow Rpresl, OF to perform any
other ministerial duty. Tn is in the light OF re.
cent decision We cAnuot or sin exasut We officer
In the d charge Of an executive duty. We arc asked
here to enloln him from 'ssu!ug the result OF his
judgIeHt., 2uasf judicial act Between this and
discretion, the distraction Ia obvious. The end
sought In This application may by attained by man
damus, or probably hy an action In the ease for
damages at law.
This case Involves several Judicial que, tlous as to
the right OF tho applicants to interfere for the case,
and cannot be considered In the present aspect OF the
Ju.tIe, wylIe thought that the qus,tiou invOl, ed
In this case had been decided three times by this
court recently In the case Of the Injunction aginst
seorstATy BFOwning in the matter VI the new jall
The application was refused. and the court ad-
lournei.
ORPHANS CoUEr-Jadgs ParcsH-The Or.
phans' Court Saturday acted upon the following
cases:
James Mslius quained as guardian Of Louis D.
Moline giving bond In % 600. with Ellen n. Msline
and Geo A Mercer as sureties.
Mary A. Holmead qualified as guardian OF William
Holmead, j., giving bO ld In II 200, with Geo. W.
Estin and Francis Pratt assuretes
ArPRAIsEMRNrs.
AppIsisomonts Of the estate Of W. J. ThOmCy,
mainly in bonds and cash, valued at 81 SO9 80; Of
Adam Gaddis, Of stocks" furniture, &1, 90 622j Of
5sn 1SSH .Tly %I% PsP a.
ipgs, articles Of valnr, including diamond suuf. box
worth 81 eco, valued at 81, G670O, were G'cd,
wILLE ASH TEsrANENT-
was finally proved.
Tho will OF Eliza wilkins made In this city the
l2Ih Of April 1851, in toe presence Of Wm higgins
NJ. Chaplin, and J Richardson. The tesIStor =,
leaves to her sou, r. wilkins, the Income OF her
houss At the corner Of Twelfth aud streets, until
ho is 81 aud then deylsss the sad hOu'e - be sold
and Its proceeds divided aDong her heirs. She
stltutes s. p. Robertson and Samuel Gu sldy her
executors.
lCCuIST7
Accounts GI T. aud q. ". DutH., executors OF |
George Burss of Thomas Burlr guardian OF samuel
l., burns; Of John Il. Mine, guardian OF Ann N.
Niuer; Of the same executor Of James NJ. MHer; Of
'. Liulo, aG pinstrator Of James Little; Of Mrs. &
guardian of her children, aud as exocutrlx
Of her tuahRui GGd of john Lans, ad nj inlstrator
VI Llea Lang, were nlOd 10 due courrs Of proceed.
Ing,
SALE rOSFIRNEE.
The sale Of ceitHn lots iu square ~ By Ann E.
West gcardian, was confirmed sho having dis.
charged her dury as by law provided.
And al clock, the Court tjCurIed.