Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1870-03-03

CURIOUS LfGAL rROCkEDtSGS - 1HE SUIT OF
THOMAS VS.. HIS TRUSTEES.
A Bill In Equity has recently been filed in the
Court of Chaucery, at New Castle, which refers
TO a most Interesting case, the history and pro-
gross of which will probably xcte no little
attention. Tie prayer /, presented to tho
Chancellor by Richard Thomas of Philadelphia,
through his counsel, William G. Whitcley, Esq,
and we shall state the purport of its contents,
together with other facts, interesting to tho
public.
Richard Thomas is the son of Samuel Thomas,
who died In 1929, leaving II large and valuable
property In the lower end of New Castle county,
near Odessa Samuel provided in his will for
the creation of n trust fund, TO he administered
by Daniel Corbit and the late Chief Justice james
Booth, one half to be for the ben, fit Of his con
Richard whom he considered not sound in mind.
These gentlemen accepted the trust, and have
administered IT. up TO recent period, William U
Spruancc Esq, of New Cis'lr, being appointed
by the Court To fill the place oi Judge booth
after that gentleman's dccrasc.
II would seem that the Trustees have at times,
been of opinion that Richards mind remained
uusound, for during the forty years which inter-
vened between his fathers death ana ihe summer
of 1869, they occasionally placed him in charge
OF the asyluas at West Philadephh and Frank
ford The present bill rrcites that he was dis
charged from the latter place, in the summer of
1862 upon writ OF saSeas eogas Issued ny Tue
This writ of habeas corpus, II appears, was
applied fur by young man, clerk IN the book
store Of Richards sisler-in' law, MrsJane Hamll-
ton Thomas. This lady was ut one time an agent
tor the sale OF Episcopal pnbicatlons III Philade-
phia and now occasionally publishes some
charming works, Of II poetic aud devotional
character such rs n Incent collection entitled
.rhoughts that Cluster X ,und Onr Homes, ETC.,
etc. She was the vile oil NlIhui v. Ihohas,
brother OF Richard.
Upon the hearing of tho hIbeas corpus, tho
Trustees presented their view of kichard capa-
city for taking care of himself, ard offered evl-
dence to show the necessity OF occasionally
cspfniug him within the pleasant halls oil Frank
ford or at DR.. Klrkbride's psterna! mansion.
But the Court, being at that time sorcly pressed
blythe slashing newspaper criticisms SO icariesely
waged by some OF our city journalists, decided
tina, Richards mind, If not above par, was at
least too good for confinement. and consigned
him TO the care of his brother william, where he
OF course enjoyed, a-n, the oversight and gui'
dance of brother Williams wife, the lady pre-
yiously referred to. 1t would appear that sht
was a womnn Of rare business qualihcations
decided energy, and nerve, which was perhap'
more impOrtanL In this case from the TACT tina
she fnund her husbands condition, was hardly
that of mems sand ia sdno c0rpore, and hence wa
under the necessity of committing him Tor lew
weeks to an Insane Asylum, about the time
Richards retirement. -,,,..
as that of William grew worse aud toward va
latter part of September, (lo69) on or ABOUT tn
2ith day thereof Ito use the legal giDpcrish,l u y
was married TO young lady, SAD 10 W nppu, &c !,
a Miss Sally Glars who was an adopted daugnte
of William Thomas The ceremony OF marrag
took place at Williams house IN fhiade,pnia, !
ths parlor, while, at the same time, Wi'iian
himself, was lying upstairs, almost IN aad uylu
condition The wedding was thus rendered
nossible more extraordinary than II woni1 nav
been. though the spectacle nt an ola, ieeol'
minded man OF 65 years, bald gray, and Den
being united to girl oi IL, would perhaps cna
nrdi ina nv comment Considering tlt vie
that the Trustees had always taken OF h'char'
"a a person OF imbecile miud, IL would appe'
that he must have frightened up, beyond lhe
observation.
William. who. as we have said, ,was-to becon
Iegali again ariicuto mortis, upstairs, whi
the ceremony proceeded down IN the pafior rN NV
but a few days, and one morning, inc Iru
tees in Delaware, had the news conmunicat,
IN them that Richard had " "intermarred, as q
petiIion in Chancery says. The letter also eroug
bill of items for the affair, such as ~ ior Y
minister SO much for the ring, so much Tor cand
tobacco. &c, &c. Upon this, the trustees, VI
oouid not apparently, believe that the procee
Ing was altogether according to ihe statues
such case made and provided, the Revised Oot 20,
aud the various supplements thereto, togeti
with the decisions of the Chancellor and
Courts Of Error and Appeals, ms the same are
ported by Judge Houston, refused 20 pay tne
for tho wedding refused TO pay klcharu 20, 20,
at Mrs. ]. Hamilton T.'s, longer than 70 octo' o,
9ist refused to recognize his marriage as val
ond declined to 'come down" In any way,
iess Richard would come down to Delaware, .
live within their baiiwick, SO to speak. m
Hence arises this proceeding, Richard Thor
Us. Daniel Corbit and William =; sprannceh; sh,,l
cnmnainant prays that the defendants snail
ord.red to nav over to him thh clear amoun
core ineome derived from the trust, for the nai9i
nnce of himself and wife. 10 TINS tne ae,eu.'u
have not, yet made any answer .hg RnrSri ,aw AZ
Anthony Higgins, Esqrs., six months from
% fling Of the bill {Janaary 8,s) in which to o, m m
nm their mind what answer to make, and also
compile the requisite saids, "ns aforesaid
"whereusos," etc, etc. ,,, ,,.,,
Altope,her. this il most interesting legal
ceeding, and we anticipate that, should IL a ara.
slow length through Chancery for rev Yen, yen,
will not fail to attract TAR snaro oi ma,ea'
The annual income sought 10 be recovered
amount to between three thousand ana
tbousand dollnrs.