The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-11-15
THE COURTS.

submitted 10 record. The testator be-
gueatbcs his estate TO his ulster, Elizabeth
d. Lowry.
queathing all her estate to her daughter,
now In Michigan, and naming DR.. VIM.
Boyd as her guardian was nlod.
The will OF John Flynn, heretofore 70.
ported, was partially proven.
LKTTERs TEsrAMEsTARY.
VIM. L. Dunlop qualified as administrator
OF Jas. d. johnson, giving bond In $1,000,
with Geo. Laurey and W. 3. Cox as suretles.
GUARDIANS.
David Fisher gave bond In $500 as guar
dian Of the estate Of his minor child.
James Henning. gave bond Ia u 200 as
Horny Himber and II. Birch.
The death Of Hon. r. J. Walker and Hon.
Amos Kendall was announced to the court
In appropriate terms by J. II. johnson, ESQ.,,
and Jas. Il. Williams, ESQ., Judge Purcell
appropriately replied, and the court ad-
journed. ..r.
SUPREME CouRr OF rnn DISTRICT OF Co.
LuMBIA.-All the justices Of the court sat In
banc on Saturday for tho trial Of appeals.
ATTORNEYS ADMITTED.
Francis O. Bowen was, on the motion Of
MT. Norris, admitted to practice at the bar
OF this court. ~
Mr.. Musscy, from the commissioners Of
examination, reported favorably upon the
qualifications Of Charles E. Hoyey and
George A. Jourdon, and they were admitted.
Mr.. Merrick presented to the court the
resolutions adopted BY the bar on the occa-
sion Of the death Of Hon. r. ]. Walker. In
the discharge Of this duty he addressed the
court In eloquent and appropriate terms.
After abiding with feeling TO the character
OF the deceased, aud remarklng upon the
efficient assistance which, during the war,
he rendered to his country as Its financial
agent In Europe, and his high reputation as
lawyer, he noted that the country had had
three generations OF statesmep-the hrst,
the fathers OF the country, ending with Madi-
sons DEATH the second, Clay, Webster, CAL
houn, and their compeers, two of whom,
Walker and Fcndall, had passed away
within the past twenty-four hours; aud the
third, still on the stage Of life, the future of
our country reposed. He was not among
those who held that tho present could not
equal the past, and SO when to-day great
men passed away, he felt that their example
was intended TO stimulate their successors to
| attain to equal eminence and usefulness.
He concluded "Sage patriot, lawyer, and
brother, hail and farewell"
The resolutions wero ordered to DO re-
| corded.
flee ct at. vs.. John H. johnson, and John-
toned, arise out Of the will of the late Al
fred Lee the executors holding that under
the construction OF his will they were entitled
TO sell his real estate, pay his debts and
divide the surplus among the heirs and de-
vlsees. The devlsecs denied that any real
estate should DO sold unless necessary for
the payment OF debts, and had proceeded to
make o partition Of such real estate.
Judge Cartier delivered the opinion Of the
court. He said:
'lt is claimed that the will gives to Lees
executors the power TO dispose Of all the tes-
tator's estate, real and personal, under this
section Of the will.
"After directing,thc executors to pay hi.
| debts out Of his estate, the will says,
"I hereby authorize and empower my said
| executors, II 1t shall become necessary, to
sell and dispose and convey so much Of my
| real estate 10 effect and carry out tho object
| and purposes Of this my last will and testa-
ment, and to Invest the proceeds OF such sale
| or sales Cf there should be any surplus) 10
| some safe and reliable manner as In their
| discretion they may deem best for the inter-
csts Of all concerned 49,
snow, under that declaration, 1t Is assumed
that the executors were charged with the
duty Of converting the estate, notwithstand-
| Ing he has said how II shall be divided among
his children. We do not read the will that
wayi we read II that the real estate should
be sold, II such sale was necessary, for the
payment OF his debts.
"The discretion as to the time when II should
be sold should reside In the devlsees and not
In tue executors. That discretion was not
taken away from the devisces by tho will.
The only power OF tho executor was to sell
| so much OF the estate as was necessary to
the payment of the debts. There was no
conveyance Of the real estate TO the trustees.
| The executor had right to sell the roal es-
tate for the payment Of the debts III that was
necessary. But there was not that case be.
fore the court. 1t should DO shown that the
personal estate was insufficient to eItinguish
the debts before the executor could acquire
any right to the real estate"
The order Of the court below overruling
motion to dismiss injunction was therefore
affirmed. y
McGarrahan vs. o. II. Browning, Secre-
tary OF the Interior. In this case, as before
reported, McGarrahan applied for manda-
mus to compel the late Secretary to Issue
him patent for certain lands In California.
After argument on q rule to show cause, the
case was submitted at the December term
with the agreement by council that the Judges
might decide 1t In vacation. It was not de-
cided that vacation. The May term inter-
yened, and In the following vacation judg-
ment directing the Issuance Of the patent
was rendered.
Mr.. Cox, tho new secretary, denies that
the judgment so made and rendered Is in
accordance with the agreement, and afiirms
that 1t would not DO effected, even IL Mr..
Browning had continued In office. He fur
ther submits, that as he has never been 0
party to the proceeding II cannot bind him,
aud states to the Court that the issue COM
manded by the mandamus would be In d.
rect opposition TO o law OF Congress.
The case was discussed by Mr.. Solicitor
Ashley, for the Department Of the Interior,
and by Messrs. Merrlck and Dayldge, for the
complainant.
The case was not decided.
MEETING OF THE WASHINGTON BAR.
At ten O'Clock on Saturday Judge Olin
called to order an adjourned meeting Of the
Washington bench aud bar, Mr.. Middleton
taking his seat as secretary.
Mr. Merrick, from the committee, reported
appropriate resolutions expressing the regret
of the bar at the death of Hon. Il. j.
Walker.
The members of the bar and other officers Of
| the supreme court OF the District OF COLUMBIA
have assembled upon the melancholy occasion
OF the death Of their distinguished brother,
Robert J. Walker, who died In this city on
the morning OF the llth instant.
| The deceased was learned and able lawyer,
a liberal and courteous gentleman, and most
interesting and genial companion. Though a
great fame as a statesman, and his Invaluable
services to his country In various public Offices
and many uno tficial intellectual exertions were
calculated to oyershadow HIS reputation as a
jurist. we who had the opportunity to know
him in this capacity, learned to appreciate his
pre.emlnent elevation OF character, to measure
the vast extent OF his learning and to feel tn at
his great genius msde him especially power.
full In the legal tribunals OF his country, as IN
the Senate or the Cabinet. His death 10 seri
Gus calamity to the profession, who, though
sustained by his illustrious example, are yet
deprived of his invaluable assistance In the
Administration OF the laws; therefore
| RESOLVED, That We deeply deplore the death
OF our lamented brother, and do hereby testify
our great esteem for his character and ser.
vices, and our profound respect for his
memory,
ResOlpsi, That we tender our sincere sym
patty to his bercaved family, aud request the
chairman to communicate TO them q copy Of
these proceedings.
RsSolced, That these resolutions be furnished
to the court wi tn the request that they DO en-.
tered on the minutes OF its proceedings.
Judge Olin, In recording the resolutions,
remarked that he first met Governor Walker
In 1857, at the time OF his differences with
the Buchanan administration, growing out
Of his course as Governor Of Kansas. lie
saw Governor w. then before committee