The national Republican., 1867-09-04
THE COJIRTS.


EoulTY CouRT Judyc Wide. The
court met at 10 O'Clock yesterday morning In
the Criminal Court room.
RULE ADOPTED.
Mr.. Ingle, In q case bcfor, the court, pro.
scnted bond In which two members Of the bar
were sureties.
The Court said that II woult 6x II as a rule
that hereafter bonds In which members Of the
bar were sureties would not be approved by the
Court. This was not because the bond offered
was not amply sufficient, but as rule for the
protection Of the bar.
This rule met tho general a,quis,ceuce Of the
bar present.
| THE CALENDAR CALLED.
The docket was then called over, and the fol.
lowing causes continued:
833. Duhamel vs. Huyck.
1883. 0Harry vs.. Hghtfoot
223. Needham vs.. the Po:Omac Ferry Com.
pany..
The cases Of Allen vs. CCyle and Dyrne vs.
Davis were stricken from the docket, having
passed out Of tho Jurisdiction Of this court,
RESPONSE TO A RULE
Alex. Giles appeared, by Mr.. Jackson, in re-
sponse to rule laid upon him to show cause
why they should not be compelled to finish pay.
ing for certain real estate purchased at sale
under decree Of court.
title to the property sold 10 clouded the alleged
cloud being an incumbranee made on tho prop.
erty In 1921.
Before tho close Of the cso It was postponed
until tomorrow.
ADMISSION TO PRACTICE, &c.
On the motion Of r. 8. Davis, esq, Mr.. A. B.
Sloanaker was admitted to practice at the bar Of
tho court.
Paul Havenstcrn, q native of Germany, ap.
peared in court and WIS nauralized.
DEGREES MADE.
Tho following formal ordus wero entered with.
out opposition.
Donn VS.. Dom. The Cout in this case, upon
the motion Of Mr.. Norris, sntered a decree pro
eonfeSSo against tho Incorporating defendants,
and ordered q reference toComuissioner Fox.
No. 257. Williams vs. Tlos. B. Florence, Tho
Court made q final decree this case, confirming
the sale Of a moiety Of th house at the corner
Of Pennsylvania avenue ah Seventeenth street,
to the defendant, the deere to pass title.
No. 712. Shoemaker vs.. Shoemaker and
others. Decree confirming sale made by trustees
and auditors reports.
No. S34. Bateman OF 4. vs. Bateman ct al.
Petition hled by order Of ourt.
No. 429. Dyer VS.. Dyr. Decree ratifying
trustees sale.
No. 7O6. Murphy vs. Mary ct al Order rat
flying tho fual report o the auditor in this
case.
The court then adjOurnd until this morning.
ORPHANS CoURT-hdge PurceH.-The
court met at noon yesteray.
The contested case Of tie probate of the will
Of Samuel Dovaughn wa resumed and the fol-
lowing witnesses were examined:
John II. Devaughn: amuel Devaughn was
uncle Of witness. He Is on Of John Devaughn;
Mrs. Bray6od and Map Rebecca, lived with
Samuel Devaughn. Mrs. Brayfeld has Eve chill.
dren, three not mentione6in the will; these lived
near Port Tobacco. Mrs. ditchell, one Of tho de-
visees, is dead. Miss May Rebecca has living
child; she never was married.
Mr. Thompson was wiling that the door of
Justice should be wide oen, but thought that
Miss Bray children lad nothing to do with
the probate Of this will.
Judge Moore urged tht all matters relating
to the relations Of the tetator were proper sub.
jects OF Investigation ind Indicating upon the
probate Of q will, and quded Gill and Johnson's
Reports as sustaining tbiview.
Judge Hughes arguedthat the Legitimate
child OF Miss Brayheld, WIS q circumstance from
which II might be inferre' that she did not stand
very high in the affection and respect Of the tes-
tator.
Mr. Thompson said ths tho will proved his
affection for her. She mustered to his dying
moments.
Judge Moore said that he witness had visited
| him Just before his death
Mr.. Thompson had undrstood that he cupped
his uncle but did not leaV the house until he got
his pay.
Mr.. Devaughn resumcdAis testimony. Witness
cupped and Ieached the tlstator a short time be-.
fore his death. Witness did not wish to charge
for this service, but Mis- Brayfeld made him
tako payment There wa no cause of difference
between the testator an any Of the relations,
except one of the Brajfeld family living IN
IL ia
father does. His father has been in Washington
about nine weeks. He was in court when the
will was FIRST brought h, but has never been
here since Miss Brayidd told witness on the
Monday after the testltor's death that her
uncle had left a perfect will and also that he
had left his property. Visited testator but once
during the war. Witness father visited testator
but once in last illness. Knows Of no unfriendly
act BY his father towards the testator. After
the testator lived with the Brayhe!ds there
seemed to be some dissatisfaction.
]. +. Callan. Witness knows John Devaughni
he Is a very inhrm old gentleman, and had to
be assisted to o carriage ut tho funeral. Never
knew Of any uukind feelings between the tesla
tor and his kindred; he often sent them seeds,
&c. He had heard that Miss NJ Brayfeld was
the mother Of the child The testator was q
man as much decided In his opinion as any one
else, but not more so.
Judge Hughes argued in opposition to the
probate Of the will con.endng that the CLAIM Of
the propoundcrs of tho will was against natural
justice, and based only on technical grounds
But the will itself showed technical objections to
Its probate, which could not bo overcome. 1t
had been altered improperly after 1t was made,
and thus became invalid
Judge Moore examined the evidence at length
as showing that tho testatOr had long abandoned
the paper in question s' bis will that he in
tended to make another. 1t had been shown
that alterations had been made which were fatal
to tho will, for whether the alteration bo mate
rial or not, If II be made by an interested party
II avoids the will
At four O'Clock, and before the close Of Judge
Moore's argument the court adjourned.
LAST WILLS AND TESTAMENT
The last will and testament of William A.
the presence of Samuel L. Philips, B. Y. Love
JOY and Joseph II. Bradley, jr.
Tho testator leaves his estate to W. A. Brad.
Icy, jr, and A. 7. Bradley, in trust to set apart
his house on New York avenue, and to pay his
wife one third OF the income from his estate du'