Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-03

And the flowers that swing at the cottage door
Must dream Of the morning light;
30 love must lumber, 10 loves sleep beam
With the trust and the truth of a morning
Good night, Hearts Dearest, good night,
DISTINGUISHED LITIGANTs
Gen. burnside and Gen. Simon Boil
war BucIaner i'm Court.
From the Chicago Times, Nov. 80.
In the case of Henry w. Kingsbury.
minor, ETC., against Ambrose E. Burnside
ct. ais, in the Circuit Court, bill TO set
aside the will of Henry w. Kingsbury,
father of complainant cross bill has
been filed by defendants, Gen. Simon B.
Buckner and wife The controversy be-
tween the parties, it will be remembered,
IN regard to the disposition of the large
and very valuable tracts of land in this
city known IS the Kingsbury estate. The
allegations in the cross bill are substan-
TALLY as follows:
In June, 1856, Julius J. Kingsbury
died intestate, seized of the southwest j
OF block So, original town, extending
from the east line of the Museum build
ing on Randolph street to Clark street,
and having frontage on the latter street
from Randolph street TO Couch place, to-
gether with twenty acres on the North
branch, bounded by Kinzie, Franklin,
and Ontario streets, and the river. Mai.
hlngsbury left him surviving a widow,
Jane C.. RiDgsbury, and two children,
Mary Il. (Mrs. Buckner) and Henry W.,
father of complainant, in the original bill,
TO whom the title of these lands de-
scended, subject TO the widows dover.
Prior to Maj. Ringsbury's death, the COM
plalnants in the cross-bill were married.
aud In 1858 child was born to them. so
that Cen Buckner became vested of
LIE estate as tenant by the courtesy. At
the time of Maj. Kingsbury's death.
has son Henry was a minor, and Gen.
Buckner had the management of the prop-
erty until December, 1860, when ii was
transferred to Gen. Burnside.
On May Is, 1861, Gen. Buckner and
wife executed a deed purporting to cor
vey to Henry w. Kingsbury an undivided
Z of the real estate mentioned, which
deed was duly recorded. The value of
the property at that time was estimated
at $500, 900. 1t is claimed that this deed
. was not acknowledged in accordance
with the laws of this State, and therefore
that it was void as to Mrs. Buckner: also.
that the grantee was not present when il
was executed, had no previous knowledge
of the intention to execute il, ami that il
was executed, acknowledged and recorded
without his knowledge. 1t is also claimed
thst the deed was executed without con-
sideratIOn, and that its sole purpose was
TO vest the title in trust. Il is asserted that
trust created by implication of law, or a
resulting trust arose for the benefit of
compliments to the extent of their re-
spective interests at the time the deed was
made. Gen. BCckner, for himself, sta es
that his intention was to waive all claim
to the property, and allow his wife the
sole employment of it, and for that pur-
pose TO place the control of It in her own
family. He now claims all his legal
rights in the premises, and desires that the
trust referred TO may be enforced for the
purpose, however, of carrying his original
intention into effect.
In December, 1850, the parties in inter
est placed the management of the pro-
perty in the hands of Gen. Burnside, who
then resided in this city, and Henry w.
Kingsbury, after being informed of the
deed above mentioned, frequently admit
ted that he held the property conveyed in
trust During his lifetime he made no
claim to the rents of the property, but
the same were distributed as before the
conveyance.
On March %, 1862, Henry w. Kings
1,,,rr- 4lop in ho Etb arfiI
lery, wrote and signed the following IS
his last will:
Expecting soon to start upon a mill
tary expedition where death may over
take me, leave this as record of my
wishes respecting the disposition of my
properly. To my mother, Jane G. Kings
bury, leave $40, 600, or so much of my
Chicago property as, upon fair apprisal,
may be valued at that amount To my
sister, Mary K. Buckner, l leave so much
of the Chicago property, held in my
name, as shall amount to one-third of the
property in the city of Chicago, H., left
my father, Julius ]. B. Kingsbury. de-
ceased. To my cousin, John J. B. Kings
bury, leave my property in Waterbury,
Conn, and in addition thereto, S., 600,
which trust he will eXpend in complet
ing his education. The remainder of my
property, of every description, leave to
my devoted wife Eva. / desire, more
ef, that the provisions of this will be
so carried out that the yearly income of
my wife for her own personal support
shall never be less than $4,000. As exc
cutOrs, | name Gen. Ambrose L. Burn
side, of Rhode Island. and Capt John
Taylor, Commisssry Department L. 5.
A. Signed at Fortress Monroe, March
-, 1862"
1t is claimed that the only property in
Chicago vested in Henry w. kingsbury
at the lime of making this will was the
real estate left by his father, and which
descended to him and Mrs. Buckner, and
the only Chicacs property held in his
name for the use of any person was that
described in the conveyance from Gen.
and Mrs. BuckneT in trust The apparent
infoTmslity of the will in regard to this
trust is accounted for on the ground that
the testatOr had only recently left the
military academy, and was without bust
ness experience. 1t is claimed however,
that the will is a sufficient declaration of
trust 60 take it out of the statute of
frauds, if it was a trust made within its
provisions.
On Dec. 1, 1861, Henry w. Kingsbury
married Eva Taylor. In September, 1862,
- he was killed at the battle of Antietam.
On Dec. 16, 1862, posthumOus child
(the complainant in the original bill), was
born, and was named after his father.
In 1865 the widow was married to Albert
G. Lawrence. The complainant in the
original bill claims that he is the Owrer
in fee simple of the property described in
the Bucker deed, and entitled to the rents
and profits subject to the dover rights of
his mother and grandmother.
The cross bill prays that the Buckner
deed may he declared void as to Mrs
Buckner, and that the present Henry w.
Higsbury may be declared trustee and
be compelled TO recouyey the properly.
1t also prays for an accounting, for the
assignment Of dover TO Mrs. Kingsbury
and Mrs. Lawrence, and for partition.
Horace Maynard and Supervising Ar
chitect Mulleit recently paid a visit to the
ouarries on the east of Knoxville, for the