The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-12
SUPREME CuUaT-chAM3Gas.
Leaving u Nephew Ont of an Uncle's Will
and What Came Of 1t.
BEFORE JulUa Rraav

and What Came Of 1t.
Before Judge Brady.
Kinsmdn ~. C,nni,ayton, Erec,ttor.-In 1869 Daniel
Kinsman died, leaving In this city about $4,000
worth Of real estate. Being q wldower and child
less he left this property by Will to forty diner
ent persons, mostly poor people, who had been kind
to him in his Old age. The defendant was executor
of the viii. The plaintiff, nephew OF the deceased
attempted to set the VIII aside, on the
ground OF insanity. The case has been fire.
quently before the courts, and came up yester-
day on q motion to open judgment found
against the plaintiff for not presenting the
cause of action. Mr.. Amos G. Hull in opposition
to the motion, entered into quite lengthy recital OF
the details OF the case revealing queer II not in
teresting completely OF facts. The suit, he said,
originated through indignation OF the plaintiff. J.
Burnnam Kinsman, i'll not being remembered In his
uncles will. This Klnsman, he proceeded to relate
served as Lieutenant colonel on General Ben But
@ a no IN Is Ne nren ' he - eoens
OF the will had been made known he came to the
executor and demanded $4,000. and said II this
was not gwen 10 him he would bring on General
Butler To break the WILL ana would compel the eXpen-
dture OF every dollar left by the old man In opposing
1t. The executor refused compliance with this de-
mand and thereupon suit was begun to set
aside the WILL All efforts before the Surrogate to
this end however we're inenectua and therefore the
present suit was commenced Alter its commence
ment the rst thing done was on an ex parte order
procuring the appointment OF receiver, to whom
tie executor turned over all the property. The
next thing was. without demanding any
papers from the executor, 10 procure an
order to save himself being lodged a night in
Jail the executor had to pay $500 TO a sherlffs
onicer. Meantime the suit was put OF q long time
10y the plea or counsei being SICK till Judge Cardozo
finally SAID this sort Of thing was ''payed outn and
dismissed the complaint Three orders were also oh
tanned requiring the plaintiff to file security for
costs; but Il was impossible TO find him. He charac-
terzcd the plaintiff as an adyentnrer and the whole
proceedings as high.handed outrage. Mr.. John
brought in good faith; that the default upon which
the Judgment was obtained was unavoidable, and
that the same should be opened The Judge took
the papers, reserving the decision.
Assessment for Sewer.
In re. Ed,rdid Shedhp-Appcatlon was made to
set aside an assessment for a sewer the ground
that about one hundred feet OF 1t extend beyond
the boundaries OF the assessment district, and that
ne ertheess the whole sewer Is charged TO the dis
trict. The claim Is that under the statute this
vi iates the whole assessment. The cost OF the
sewer was $4,000. For the city 1t was claimed that
the cost OF this one hundred feet was less than one
was to prevent fraud and irregularity, neither OF
which set up In this case At the farhest II was
conended that all the Court could do was to take on
the excess OF the assessment Decision was reserved.
Prcfcrring the General Sessions to the
Special Sessions.
The People rs Etfzd HW.-The defendant was
taken before the Court OF Special Sessions on the
9th inst to answer q charge OF larceny. II was
agreed TO have the trial set down for the 11th nst
An application was made to have the trial trans.
ferred to the General Sessions. 1t was urged by her
counsel that the one appearing as her counsel at
the Special Sessions had no permission from her To
agree upon trial In that court Her right to a
trial before jury was insisted upon, such being her
desire. The nudge reserved his decision.
Decisions.
BY Judge CardoZo.
Louisa wilson rs. the Mayor, dc.-Memoranda for
counsel.
Charles Field Us. Michde Hcdip.-Motion granted
defendant to stlpuate not to sue; costs to abide
court.
In the Matter or me Application or charles A..
Jackson et d,.--MOtOn granted on payment OF $500
for receivers ana counsel = fees
L,e3taa ps. Lie,tan,-Grantei.