Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-03-16
fHE COuRTR.

UNITED STATES SUPRRMB CouRr.-The fol.
lowing opinions was delivered yesterday =
Case OF Horafio Seymour ct nj. VS.. Freer, I'D
minis traitor Of jeremiah Price; writ OF error
from decree Of the circuit conrt for the north.
ere district Of Illinois, which affirmed the
right OF the estate or Price to half interest in
certain lands purchased by MN with funds
provided by Henry Seymour, father ct the ap-
pellants. The purchase was made in 1855, and
,ss,n agreed that the lands Ian; snonid De sold
entitled to half interest, after payment of
taxes. The lands were not saleable within thar
time, and all the expense OF obtaining them
was borne by Seymour, Price never claiming
the right o any interest after the expiration OF
the five years. In 1859, Price bein. deceased,
Dis representatives commenced suit to enforce
ms In erests in the lands as general partner.
claiming bis half OF the proceeds Of sales. &c.
Tbe court in 1Se5 decreed IN favor OF the estate
Of Price. and the sole question presented by
the appeal is whether the court below erred in
Its constru ctton of the contract the la Of part.
nership being the principal subject OF discus.
sion This court now affirms the decree be.
low, Mr. Justice Swayne reading the opinion
of the Court Mr.. Justice Field diss-nted,
reading an opinion, in which Justices Nelson
and Grier concu-red.
CRIMINAL COURT, Judge Wylie.-This morn.
ing the trial Of Henry Thompson. indicted for
poisoning the Hishier family, was resumed,
and the jury found a verdict o. guilty.
In the other cases a nolle pros. was entered.
George W. Clementson, convicted of man.
slaughter III causing the death OF Absolom
conrad, In GEORGETOWN, in November last,
was sentenced TO years in the Albany peni.
tenuary. the Judge remarking that the csse
was very aggravated one, and insolden times
the verdict would have been murder.
La Tour N. Crist, indicted for forging the
name of Mr.. Squier TO check for si7O. on
the house of Jay Cooke, was taken up-Hine
and Gen. Richardson for defence.
Henry Sommer and John r. Skelton-John
+. Skelton, forgery: nOite pros.
CIRCUIT CoURT, Judge Cdrtter.-This morn
ing Sullivan rs. Getchsll, Inquisition for plain
tif SS4.3O, with interest Hehnelly J. Cham.
berlain rs. Rittenhouse, Fowler L Co; on
trial.
ORPHANS COURT. Judge PurceU-This morn.
ing, letters Documentary on the estate OF the
late Erastus b. Barrett were issued TO Mary
Julia Barrett-Dond Sl2,uO0. The first and
nnal account of the administrator c. t. a. of
Robert johnson, do. of Joseph williamson and
were approved and passed. VIM. II. Fenton
was appointed guardian to the orphan OF John
and Matilda Walker-bond &SUO.
Judge Purcell rendered his decision in the
case Of the application of the exeI utor Of Alfred
Lee TO sell certain OF the real estate, and as the
question involved was an important one con-
siderable interest was felt in the decision
Judge p. said that Lee, the testator, was a COL
Ored man who resided here for years, and had
acquired large amount of real and personal
property: He had executed will to which no
cayeat was filed or resistance made, and II was
proven in accordance with the statutes 1t rs
alleged by the executor, Mr.. J. H. johnson, that
the personal property is insufficient to pay the
debts OF the estate, and the question was, has the
reality been converted into personality by the
will. At the time the will was propounded he
examined 1t and came To the conclusion that
the executor had the power to sell. The exc
cutor now asks the court 70 FIX the terms of
sale and counsel claims that the will does not
operate to the COM ersion of the property and
that the executor to obtain power to sell the
real estate. should 60 to q Court Of Chancery
The will says that the property may be sold il
the executors should deem 1t necessary and as
Blackstone says, the intent Of the testation must
be examined. The executor, in whom the ties.
tatoT had the greatest confidence. should not
be required TO go into a court OF chancery, for
the courts would be doubled, and be was
clearly Of the opinion that there was q con.
version of the property from real to personal
by the will, and he would sign an order tor the
sale Of the property at one-third cash. balanc &c
In six, twelve, and eighteen months Judge
Purcell referred to various cases in I'd Red.
Held, Williams on executors, Harris and Nc
Henry, Gill and Johnson, in support of hts de-
cision. Mr.. L. l.. Stanton appeared for the
executor, Mr. John son and Mr.. Fendall for the
respondents