National Republican., 1873-06-04

AuImport.p, Poi.t,


lion. Robert Lcech, auditor Of the D1trlct,
yesterday made report IN the Special Term In
the case OF McGulre et al. vs.. Barry OF al, In
which, among other points, he was called 70 de-
termlne the value OF the life estate Of DR.. Cor
nelius Boyle IN certain real estate. Boylef life
estate had been conhscated and purchased by
Alfred Kly, hut the whole fee OF the estate being
Afterwards sold, II became necessary In app0r-
tloninR the purchase money 70 determine the
value Of the life estate. On this point Anulior
The execution OF the orler Of reference In this
case imposes upon me the duty OF nnding ihe
value OF the estate In tho property held BY the
defendant, Alfred Eiy, pr duirs c'c-for the lie
OF Dr. Cornelius Boyle.
Tue rule which has been followed in the Dis:
iifc estates, was derived from Maryland, and
gives TO the tenant for life three times the
amount allowed 70 widow, Of the same age and
soWer Sss q Iptersst S This rule was fclioweG bya
former auditor Of THIS court William Redln,
ESQ., In asccrtainlnR the value OF the life estate
hsIsnder y aarne'I N a. me ssss sss,e o. aT sne
and other real estate Of Alexander Y. p.Qarnett,
/ No. con1scation, Supreme Court Of the District
/ Of columbia Auditor Nedin, IN his report IN
that case, made February ., 1895, said; -.
aOur rule for calculating the value Of these In
/ tervsts waa framed some sixty years ago. by the
a noa"eeS by The Court ~ o. Appeals, in Dorsey ys.
/ smith, liar. and John. 36d, TO be the true rule
for ascertainlng Values as well In cases OF annn-
tiles as Of llfe interests by dover and courtesy
Tnls rule has reference, In terms, to the case
OF a healthy person but IL 10 applied as well IN
cases OF nnm health an aoaemen, peins naas a,,,
V6. IL was 30 applied by the chancery court oi
Maryland, In Abervrombie vs.. Riddle, MO; Ch.
Dec $40. In thst case, the chancellor: speaking
"And a. II 10 thought the distribution must he
made In conformity with the rule, and as the Iui.
has reference TO the case OF healthy person, y
l .t,.ta ah m bo made on
account OF the delicate health OF Mrs. Mary Y
Abercrombie, the ecssui que vie. This, y appears
70 me, u a. lmperat!yely reqnlrea py tae 'u'e ~
| DR., Cornelius Boyle, the essisf quo vie In th'
case under consideration, 10 shove BY he tesu
mony taken by the late Auditor, Walter =: coz
ESQ, 70 have been nfty-nye years OF age on n,
i9Ih day Of November, lsI9. Hels not HEALTHY
person, a. appears by the testimony Of Nathai
!, Lincoln, M D., his attending physician who's m
. deposition have taken, and which ls retufne,
herewith DIR. Lincoln testifies that he recentll
performed q surgical operation on DR.. Boyle. th
nature Of which Ia stated In his deposition tha
10 Inc system, and Il slowly recovered from; tina
he does not KNOW how completely q man get
over the shock OF tue opefaaon that dlvidlnl
ton Of NE, he would place Dr.. Boyle in the SOC
ond class; that 10 would be some time before y
could give him a certificate for q second elAa
Weuid take rtsK on his life At ali, and eettslnI
, Judging from what he knows Of Dr. Boyle, an
Covered e. T he would siiI place him IN the Secon
' mi. is the only testimony tha, has been sui
to me tPsGSns pS BSy1 3, 0o1
person, Il ia TO me very unsatisfactory, as ind
!; eating the probable duration Of his life, AZ y
= Boyles age, being above nt,ysone anu una, q
4 lifc-tenant would be entitled, under the ru
y mentioned, to three nlnths Of the proceeds
Il the sale But in e3nseqaenSe ol MS nhnea,ti , w
In the next older class, namely. above ntty.sl
n and under slxty-one," which entitlea the hold
]: OF the life estate 70 only three tenths instead
!, In Abercromble va, Hi,idle, already cited,
!, was proved that Mrs. Abercromble, a. the TN
s Of the sale, was nty,lhree year. Of age; that h
Z, her infancy her constitution was never robus
y that her lungs were diseased, and that she HI
!. had several hemorrhages. The auditor, In ssce
4 tainiug the value OF the life estate, added III
r years 10 Mrs AbcrcrombieS age, by reason
her lnnrn health, and allowed accordingly. IN
II Was excepted 10, on the ground that he ought
Il Of ave. But the court overruled the exceptit
i. and ratified the auditors report.
+. In view Of the facts OF that case, and lookli
1, that have added sunncient 10 the age Of \
4, Hoyle 10 do justice 10 all tho parties. But
= thus adjusting the matter, am, to use the Ia
TO, Ipalnfuliy conscious that am. 10 q gre
n extent, cropping In the dark" Tho conciusiO
n however, al which have arrived IA tho result
Il my best Judgment, guided by such llghts n
y, yn The auditors report was confirmed nv conse,
ID Messrs. II. 7. Merrick and X. X, Rlott fepresei
~ Ing the complalnants and Mr., N. Wilson, the
., fendant Alfred RI, Tue point decided by I
~ auditor, as 70 the application OF the rule for
n. certaIninu the value OF life estates In cases
70 inurin heath, "a not only important, but IA 9
as rely new In this District.
on Circuit Caurt-Judae wyiie.
W This court was engaged as follows yesterii
stephens VS.. Crusor verdict for painiin. Ca
wood va. Creayy OF All action for u $50 with
teresti admission OF debt OF ts92, and plea
isnry as 20 the remainder; verdict for pla
err dismissed by the court. Lederer Va. Aretz;
tlon for rent; verdict for defendant. Iinney
Metzerott A Co; order affirmed and settlem,
~ es OF case Med. Jas. Hughes va. Stewart, actl
,nI for fees; this case was not concluded. A
,oi journed,
"' special Term-Judgo wyIIe.
ct This court opened Its June term yesterday 4
,ol entered the following DEGREES, besides NUM-
no OF interlocutory DEGREES; Stone vs.. Stone:
ed cree appointing W. NJ. Evans trustee To 8
lot Hudson ". Hudson; decree taking hill for 0,
lty fessed. Riley vs., Grady decree ratiiylng ru
on slade vs.. Slade; deoroo for sale and appoint
od X. s. Davis trustee. FlemminR vs. Men,
CT sane dSoree. Anderson va Anderson; decree
er- sale. Belt vs.. woodward. decree retaining =
rit q land. The court then adjourned until Thu
Of Csart OF Cial.s.
The regular session of the Court Of Claims '
er, commence to-day a. O'Clock, intead OF the n
heretofore appointed, and after rendering
r. customs IN pending cases they viii adJourn NJ
he October "a, 1873.
ny Psiioo Csurt-Jadse Smell.
lat A number Of minor cases were disposed