The New York herald., 1868-11-17
SUPREME CcuaT-GEkERAl TERM.
The Right OF Voting mt Ecclesiastical Elee-
tons. .H

The Right OF Voting at Ecclesiastical EIee-
lions. .H
Before Judges Barnard, lngraham and Cardozo.
Ward et al. P,aintCs and appellants. rs. Thonp-
son et al Deteaddts ana Respondents.-This was an
action in which the paintns contested the validity
Of the defendants election IA vestrymen OF Zion
Episcopal church, on the ground that persons
who voted for them and thus gave them majority
Of votes not entitled TO vote. II appears that
these seven voters were worshippers and members
OF q mission chapel belonging to and sustained by
the voluntary contributions OF the members OF the
gave them no rights but such as the members and
officers OF the church itself disposed confer.
ON the trial before Judge Barnard at the Circuit,
the complaint was dismissed, and the case was
argued on appeal from that order few days since
before this court. decision was rendered yesterday
anhrnng the judgment in favor OF the defend ants.
thus deciding that these persons were properly
qualified voters.
Inferestins Decision as to Executory Powers.
Adelaide b. Dick, Respondent, ~. Ralph Gzope1,
Executor, 6c., et al. Appe,dnts.-In 1865 Emily G.
stuyvesant made will by which she left her prop.
erty to her executors and conferred upon them
power to sell the estate. conditioning that one Kar-
man Levy, with whom she had lived an her husband
to receive such amounts ~ the executors conf
sidered sufficient ana proper for his support. The
residue was 20 so TO his daughter the plaintiff.
Under the powers 10 conferred the executors con.
veyed house on which mortgage was held TO one
Maclane. and Naclane subsequently conveyed the
property for the price TO Sarisss Thomas whom
Levy had married after the death OF the testatrix
The proceeds OF the transaction were consumed In
the support OF Levy and the plaintiff sued TO have
this conveyance set aside claiming that was fraud
ulent, as the proceeds OF the sale had thus been
disposed OF for the benefit OF Levy, while his wife
had obtained possession OF the fee The court before
which the action tried set aside the conveyance
and tho defendants lthe executorsl appealed. The
case was argued yesterday and this court reversed
the decision OF the court below, the ground that
the evidence was insufficient to sustain the judR-
ment The court had erred In Its nndin ng a. 70 the
value OF the premises, and In holding that the execu
tors had not power OF sale. No evidence OF fraud
had been shown. A new trial was ordered
Action for Professional Services.
Francis @. Young Respondent, ~. George ".
H,us Appeuanx This action was Instituted to re-
cover the value OF professional services attorney
and counsel, by plaintiff TO defendant. Part Of the
services were rendered to the defendant and his
partner one NASH which partnership was afterwards
dissolved The defendant according 10 the evi-
dence had assumed payment Of all the copartner.
ships debts. The balance OF the services, as set
Sorn IN the bill or particulars, were rendered 70 the
Ie1endant individually ON the tral, as Wen ~ on
tne appeal IL was admitted that tne Dill ol
pert,cuars was served on defendant prior
70 tne service OF the answer In the case,
n Whicn defendant denied that he ever retaired tne
pialhun as counsel or attorney, claiming tnat the
services We're rendered rs matter ~ friendship anu
kaidiiVDsif Ie ease Was referred. with sole power