New-York tribune., 1870-11-04
TEE COURTS.
A COMPLICATED REAL ESTATE QUARREL"

A A1ED REAL ESTATE QUARRhi"
An appeaJ was heard yesterday Ivy the ou>
prcme Court General Term In the ease ot he'iS VIZ" ~
and John p. Crosby, executors OF Wlin"in , o,n
william j. Howard and Others treu oel''o '''e0 -.
49, ,n ponrnay 1897 The facts OF the are that
,y,n,r Rostv wick resident OF Connecticut dieo ie"'
iRC his residuCry estate TO trustees III ""' 80
lat income during The minority % I pFoyioHS over in
case OF her having husband ana oniSn en- te tSe esat"
ey.nt on nCr of certain specific bequots, amount
tng 10 s22OoQ to he divided ePTa, PTS, Socctv the
n and Fore}gn Christian Union, the BoaIa & 1l
iSnr,cStic Missions tie Southern Aid SocleS, nt n
icSn Colon!zatiou Society and the Boalu oi roi's"
Mssions. .,,o, or,o,,r+s 70 about
40, 90, ~ Which the personal property In Connecucui
valued at $ssOO the land at Sl2lOco ana the rsaI
estate NewYork from $lb0oOo 90 s9Vt hmt c6iire1
ar~ Miss Bo~twck died unmarried ana Mltoui olle,
snd tncrcupon her heirs and hcr ta'i f insti
claimed that the provision over Tor the cnllplo
tutions invalid, and that the estate consequently o
TIC diSpmte is was only the property in New York
and the case accorliugiy brousnt 70 - y e. gsn
the trial was found that only two o le S,STes M l
Hrcrican ana Foreign Christian Union ana the board
oi Foreign Missions, could 10y te tefs U tt o on d
rkc real estate and the Court decided uat cI epuu M
tse oneXth tho residnary estate ana awarded @ the
remaining ioHrhE,Es hr TO 10 e tesfator Minor "ncstions
80 Iaised as to portion OF the Connecticut estate
Mon 'a AMI also as to the disposition Of the income
rtsin rom the estate while Miss BoStwick was living
dngrt .,S IgISil g'iI@iy held Was in Connecticut
appeal was then taken by all parties ss M S%T
that her residence continued in Connectcut the heirs OF
hcr claiming that the Judge erred IN deciding tna
The daughters heirs to succeed and the TWO re-
ncious societies claiming that instead OF receiving one
sixth each OF the estate tcy shVuu nave
ter hearing long argument yesterday the Court AZ
EsueJ Judge Sutherands decision
THE I.EGKI~TENDER ACI.
In the Supreme Court, General Term, yester-
ioy before Ingraham, p j.. and Barnard and Cardozo
J. j. the argument the appeal in the case of Henry
A. Cram, executor, against James Watson Webb, was
heard The question raised whether certain bonds
J MORTGAGES for $1,000 made by Jacob Cram and wife
tle executors OF Frances Hendricks In 1885, ana whc
ttaue due the May, should be paid in gold
or m currency on the l4rh of February 1866 the trustee
HcndriCk 10 whom the bonds ana mort
racfs had been assigned entered into an agreement with
toh Cram extending the time for the payment of them
a. Feh I ISL with interest at per cent payable SEMI
,.uulllv on the LIST DAYS OF August and February
T,e appellants insisted that this agreement ere
stcd a new contract for the payment, or money,
and having been made after the Legal-Tender act
be bV the 1ncut OF grcenhackS; that
Was the ncutiOn OF the parties Ia release the bonds ana
that the should become collateral 10 the az
Irrut. that this intention tO he gathered from the
structure TIE agreement. which omit ted all mention Ot
the bonds and contained provisions when were other
wise unmeanng, and that there being PROOF tnat lhe
mort gagged premises WORTH IN ls66, SIX times lhe
amount Of the debt il reasonable to suppose that
tine parties intended that which, by the literal reading OF
agToement they did do; that the case OF HepDur
alsinSt GriswOd, in the Supreme Court or the lhteu
States only decided that prOnlsSorN note, maze ana
gold and that it did not necessarily apply to bonds and
mortgages made before, but not coming due unt attI
the passage of that act.
The Court affirmed the Judgment below, and unani
mousy held that tho mortgages must he paid III gold
Lewis L. Deafleld for the appellant Samuel Rker for
the respondent