, 1873-02-17
The Confusion, Litigation, Expense,
ind Uncertainty: Attendant
-. on Laaty in Legal
Matters.
4 chancery Judge 0issects the Difficulty,
and Decides the Ques.
tions at Issue.


tics concerned or tho public at largo-than tho
these, That against Wadhams ct nl., has now
been decided, Judge Gary for Judge Jameson
iHsuing tho decroe, tho chief points Of which
were' At tho time published In TIE Tn1nuHE.
The decree 80 iBeuod, was in accordance with
tho following opinion OF Judge Jameson, which
will DO road with interest by thoHo who haye
heard Of this greas lawsuit. but never road its
history:
Hia Honor eaid: In December, 18ia, Augustus
Garrett died, leaving will by which he directed tho
md Issscies to b. dvIdod betwoenn lis vito. Ella
Garrett, bis two RtRtars, bfary nants and Letita
g4o II a certain ~" spesiSed and tarhs;
directing TINT On tho death Of Ills wfo and stsera the
G :na
Grow or 4 they shoad b. DEAD betwssp tvs r. tho osh
thsreby bscsmo entitled to ono haf ot he ostnts
provi:ods q that Instrument sposing Of testators
proparty, 80 far important for our purpose arc
follow What tho rights Of thc Faglora were undar
these prov1sions, not unnstuEaly ut IN carly day
,aa sa3t s rsep e sSsss e. e. .
r. parties themselves shoss Sshts hsyo silss bes9se
the construction Of tho will giyou by thor
ssnsna "as tBs y eSRs ss L. Ill iSppessa
eonsrued to gse On diyision Of tho rea eatate to 10
ma s % neas
Esgos for " remainder IN 1es to M his chill.
q ss Il sy q sn dloM
their hel.s in foe forever Ihoze evdence that tha
w. f. a n h
I'll g. sas @ ssS p
ostats for that purpose. Tho debta 81 tho estate
about 10000 on the realty. having from one e four
5eara to run. 1t the umeoS tie tesators death tho
es he t.
only sboYt soo namely 60 go IN vsr5ous sesurittea
are. Taxes and asaeaRmenss, IN the meantime, con
tnned 70 iness.ss yes5ly the reault was that IN ho
Partition tho amount Of tho Indebtedness Of tho e.
tate hsd been reduced only about onethird The In
ssaesaants md tha debts fnliing tue wers paid By
loans upon tho security Of the realty effected by tho
sa to fy and fasis p.1
o9 the Income Of the estate. Diacontent hoir part
follswea md ths executors M wese hasrassea BY pro-
nfaIrnoaa the psst 81 TIC executors. Tho Fisgors
II ! HsS
IT, e e. % b % t.,
seeordinss soon atter il tho fa of 1850 Charles B.
70 put into tho possession ot ha mother the res astso
coming TO hes. and for that purpeso va, armed win
spent1our vceka ID studying tho property ma naly.
" mutual arrungenaenti q the parties, M1e. Ella
ns ssa obs5Is. a.
says tho infant children Of Charles having deceased
Division w agreed upon md tho RsEen1sr los
Ing. In making this division reliance Was not placed
upon their own Judgment alone, but careful app1atse-
William Jones, and James E. Rees. men skilcd in tno
valuation of Chicago p5opory The list, Of property
shs executors, with view to hs drafting tue noces-
essv papera* Thor counsel informed them that by
Eoason ot the Interest of thu minor ehtdrsn ot Charles
tnt that the deeree of Court was necessary. 10.
4 y, r. agreed H. Tas t6st BY soa , b ara
.d ssy md diiSs and eais H. fai
nd coz 70
s e. sPssT PsSsa Il ssa o.
1ng The Fsgtors and othora deiendsn. Ths petition
aselared ne interest Of he parties to b according 70
eatate u tho said Letta, Remainder ior 70 Charles
iesmse edren 70 To peon, % Fsoass r. E:Iea. ECU
Gasss. ssssy% % sa y Sy sas%sa aa, aa sas
The alegatlons Of the petiuou, md consent.
s 70 I'd s ssFts w. IS .pPoasd Rssa 4sF &ao
Ghasle. whe answsSea for them il the uauai form,
ed, n e1tepso purpoEtng . be bY consent Of tho
ees under The will were to 10 declared to be as stated
above md e each was aot Of, with appropriate mi-
sga gp9n 10 d p a% II
executed to carry Into effect tho decree, and on the
ass n under SEAL to declare ha
were duly acknowledged ] aud rooorasa adsds
on d th nesotsppn aS peSsss Id
e1sesd;y t, eoioss The passiton been commenced
sale to them Of shs north of Diock is the property
U question here said defendant Moses being then IL
& 5as ~ y e s
xsds@s aad 'se
sed wei sna Ist!. nd Sseasea s Fass9, a5aS!s,
under these convoyances, claim aa vendees Of
notice The qaesoas Ii te esas
relate to tho rights Of these claauts to hold ~ bona
Pa s ~ e u taa a nes free
nen of M the W ef Augg9tus Garrett doytsing ri
i s!'2g
fer 10 vas lit to Letitis r5msinaer tcf lifp s 10
Ghfslss i o survived Of not 4 ID Legitimate
gyss !S T1sss ssE|5s eBa 5ass geaX
GhsF!et &n snfg!ysa hi!a: qla ian::::.Re o. tlo .. ..
EM W tHefo fouows the s1traot} There |
T. - careful limitation ia the viii. !
Ghe language here usod would ut common law create
eatate tail IN Charles aud the legitimate as,so Of s
tady py virtue u tho sixth sootion Of our Convoy
sRoe aott howsyer the onoo Of these provisions wsa
70 gtye to Charles, the nrst deviao III tall an esate
f9r l!fe and ramandor In foe simple absolute to lii
e M ey 9ntaa snd EzabetA The As1t deylsass
sh t4t section, Which 1oyeraes ahollshes the
s'e IN 8te'bys o4so follows II this d taken to
70 tas tlIe construction Of the WILL there would be sn
ena ot ~ ol'acuty and dooreo st pasa at opco Ia
set1F e tas selsEeg.," r. gu tAs qhar Asp, tho
SatA eapa as tho VIII ba rest9aiHel 10 s aeopp to the
- a ana th9 disposition Of the real esato wo.o
r. 90 aetensd s from tho Language Of tic seventh
ts conclusion might 10 reached
tne testator tracts unpn Tho death Of ali tho
,s sapan'aa.. ~ ~ soows That th whole Of my
1aen % equally dYidnd etweon Uharlea b.
sa8tor ser Or ies!t!s, II be hia legitimate hdren
saa Ietttia n dea his legitimate
9hsIdfen sha eako aa ttt0r father would II sye efn
By this provision, there waa InvtuoS - SSs"H ~