Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-04-09
Contested VIII Gase-The Shepherd
Estate,

One of the most important suits now pend
ing in this Court, says the New Orleans Pic
Gg,ne, involving between two and three mill
lions of dollars. is the case of the heirs of
James Fl. Shepherd against the heirs of Re-
Yin Davis Shepherd. The following is con-
else statement of the facts of the case -
James II. Shepherd, a very wealthy mcr-
Chant of New Orleans, died in July, 1887,
leaving will by which he beq1eatled all his
estate, real and personal, to his brother, r.
ID. Shepherd, who was his former partner in
business. by this will, II. D. Shepherd was
authorized TO take possession of tie estate
without any Intervention of any court of jus
tice. In the case of the death of II. D.
Shepherd, then the estate was bequcathcd in
the same manner to his brother. Abraham
Shepherd. Judah Touro and II. Montgom-
cry were appointed tcstamentary executors,
and the will was duly probated.
A sealed letter, written, signed and dated
BIZ James II. Shepherd, was enclosed in the
same envelope with the will, which directed
that the mother Of the deceased should re-
nounce all claim to the estate, and that after
the payment of some small lesacies men
toned, the residue of the estate should be
divided among his nephcws and neices, ssdou-
bic as much to the boys as to the girls" Civ
ing at the same time full control of the estate
to IL. ID. Shepherd during his life, with pow
CIR OF excluding any of his nephews and neiccs
should they by vice and crime. become de-
graded aud unworthy This testamentarv
paper was never probated or carried into ef:
feet by r. D. Shepherd except by excluding
the mother from her share of the estate. as
forced heir, to which she was entitled under
the laws of Louisiana
r. ID. Shepherd died in Western Virginia
on 10Th November, 1865, and left will be-
queathlng all his property to his daughter,
Ellen Brooks, and her two sons, Peter c..
Brooks, and Shepherd Brooks, of the State
of Massachusetts. r. D. Shepherd, as the
residuary legatec Of the late Judah Touro. it
will be remembered, had left to him LARGE
portion OF the Touro estate
The children of Moses and Abraham Shcp-
herd, deceased brothers of the late JAS. III
and K. ID. Shepherd, and consequently the
nePhews and nieces of the two last named de.
ceased brothers, now claim that the will Of
James IL. Shepherd is null and void, upon
the GROUND that the bequest involved sub
stltutlon or hdet cOmmisSwn', aud that as
the sealed letter never was probated or car
ricd into effect, the said Jas. II. Shepherd
must be considered as having died intcstatc,
and his estate devolves upon his legal heirs,
The children Of Moses Shepherd are repre-
sented by Alessrs c. NJ. Conrad & Sons, and
those of Abraham Shepherd by Messrs Camp
bell, SPotford & Campbell. Messrs c. Rosel-
Jus and Afford Philips, represent the heirs of
the estate Of r. d. Shepherd.
There are some very nice points of law to
be decided in this legal conflict, and should
the heirs of Jas. II. Shepherd succeed against
the heirs of r d. Shepherd, it may take
years in settling up the the estate and divi-
ding the property.