The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-07-17
Curious WiffCasc How a Esther Tied
the Hands OF q Son until ne Atfains
the Age Of Thsrty.sa4e,

Curious Will Cnscs Allow Esther Tied
the Hands OF q Son until ne Atfafns
the Age of ThsrtS.sH4e,
Marshal tMichlgan) Correspondence Indiana Tri-3
bune: 14s
A case of UNUSUAL Interests did in which
. large amount of property is involved, is
how pending in our court. In 1860 Joseph
sibley, an old resident of this place, and
man of wealth, formed q partnership with
Horace J. Perrin, also of this place, in the
banking and milling business and general
speculation. Iii September, 1864, Mr.. Sib-
ley died, the partnership having not vet cy-
PRED. lie left but one heir-a son then
nineteen years of agc. He left to his widow
in lieu of dover the sum of $50; 900 in adj
dition to her ho1iiestead, and, with the ex-
ceptlon OF two or three legacies, be-
gueathcd the whole remaining portion of
ms estate to Francis NJ: Sibley, his son. lie,
were TO have entire charge of the estate.
They were directed to pay to his principal
leSatee the sum of 81 600 per year until he
should reach the age of twenty-one, when
he was 10 have $4,000, and 81 900 per year
until he should he twenty-five, when, if, in
the opinion OF the executors, he would not
squander Or waste 1t, he should receive
$4,000, and $1,000 per year until thirty,
when he was to have $l5,0UO, If thought by
his executors competent to manage it, and
81 ,0GG per year until thirty-fve, when, if, in
the opinion of his executors. he should be
possessed Of sufficient disrrhtioii to take
care of the estate, they were to give him the
whole; if not, they were directed to retain
it for his heirs, and if he should die without
issue, then to the collateral heirs of the tes-
tator. Mr.. III. J. Perrin was named as one
of these executors, and was the only one of
the number who qualified or ever acted.
lie proceeded with the settlement of the
estate, get apart the legacy, etc, but
having quarrelled with young SiDey and
that gentleman, not feeling satisfied with the
management, Of the estate; filed a bill in
chanccrv against the executors; setting forth
that M. Perrin had in his hands of partner
ship property about $250;000, of which
$3.50, 900 belonged to him us the heir and
lcgatee of his fat),eri aid asking the court
to decree that all account be taken, and
Perrin be compelled to pay over; also set
ting forth that inasmuch as but one of the
the estate had been substantially settled, lie,
the complainant, was entitled ut once to
come In possession of the Whole tie trust
was Il personal one that unless all acted the
action of the balance would not be valid,
and that he was at once entitled to the
estate, and DISCHARGED from the discre-
tionary power Of the executors. To this
the defendant demurrcd, alleging COM
plcte remedy at law, and that, as to
the first part of the bill, the probate
court alone had jurisdiction to settle
the matter, and that the court of chancery
would only Interfere to aid the probate
court in some collateral matter: And as to
second part OF the bill; the defendant takes
issue, and claims that as a matter of law
one executor out of Il number may act;
that when the trust is coupled with an in
tereSt, and when trust is created bearing
Il discretionary power as to the execution,
one might execute it, distinguishing this
case from q mere Iaked trust; The arsll-
day before Judge Woodruff at chambers.
The questions were very ably argued by +.
w. Mcddaugh, of Detroit, for the complain
ant. and by u. d. Hughes, Of this city, i'll
support of the demurrer. A decision has
not yet been given,