, 1873-02-17

decree Of PARTITION there tho estate wns 10 Divided ~
to gvo to oh.r1ea b. Faglor loss estas than that do
tha docree, nd was il bnlng upon tho parties to IT,
This question opens up the isaos upon which tho bur-
sp ct 9 as I e ns hen nse
son 70 anticipate Tho tno Of partttioning tho eaate
seutor, heSsvor, ewssrs that i ia bssn e9aay d.
sired by thce1coutors, both ofciAy and individually
of tho doSs Gao q " ho ] ashe aso sve
Lis own and to throw on tho Fagors or
aharo Of tho ohts and to receive aonc income from
ion and On he eSiaonoo Il Is boyond III question
that charlea D.. F1aalor eonsentod tor himself, his
md hat personally, Or hy iotter authorised Arnold
b Lay to appear and answor for himsef and parents,
a e o s,to = ass5S e aa gR9 Rt
e o,S iae e?
ss III s
standingly, because such limitation would In tho
partition uo vanted to sell, in ordor 70 pay aobts,
en to realize m income for present supp95 although
mss
s was Ct liberty to pretend That he hold the fe 10
sss''Ss :sss d e% % prssss sssssf'' nzs sss:a &c. ts
vaa vsiuabo, ana could be sold IL ito ,nsite ana
ss besn siduesa e she tSas ii fss ehas1:s I'D aos
to fa ~ believing Il hs
to have awarded to him \ fee, when tho dooreo Tas
@ b ssss t.
y ss asss s II u e. e 8 &ss @ w
tskon st groa. length. Nov does il ieave tom - nut
and 70 Tho compulsory of Il 6y tSs agroo.
adc BY Goodrich is that Charles became worry angry
when tha dosrce was road ever to him. snd refused to
he had consulted Judgo Brown, Of NoSbureh. Now
York and had been adyised by him that ho had feo In
the lsnd that witness then suggested tho execution Of
@ ssadea. saa ssxsfsleas :, t5s x tsss ohsslss
gfow makes substantially tic same ststemsns. 7hs
eeaors Ssd sways ins!afc upon tSor own
T 2S Sa s e s
sa na & s
Grow declares, 1rs that upon Char1ea' refusal
cent to the decree agreed t. leave the matter Of
merely to execute eoB which should be subject to the
ing thon to determine tho interesta thoroby convoyod
but the witneas next sairs thnt such tho UNDER
1885, bat that tho orocuo1s aterwar Concluded T. te
ss Gy syy would @ .vs aao s npn IN nd y ossa i
feets wholly nseh.stent Vie IL Theory Il 5aass ls
as ass
uha,os for hts Signature he vas yery apgry, Witness
aettloon and That 10 wtnosa would keep control Of
th9 property md It might take ten yeara 70 got II QUITO
pelled him to sign III mean our argument. then
sent for Mrs.; GARRETT sho Came down, and sat
So2ay ,ns sstS s9s % tho without
seknosedsed haadsd Charles lis
hat other q these witnesses hss ndo an inten
tonal 1nisstAtemont aoens clear that wherein toy
to eaye Is the Courts tbs determination Of tho eaata
Tcn TIE aeeda % saEaa eoays! T. sas fo5 hst yew
rootsd thst be signed so asrseent ss.inst ~ IL Vii
and under computation Of hi5 necossities anything
occurred ustlfying tho statement Of theao two W.T.
Part q Tho the in.esv1e'y and II Charlie. then took
| tho position supposed, he must. I think, have
stFsta Seyead question: ut 'ss'' Ghssies do s1o not
believe himself In oxccutug the agrooment to be tax
hsld BY tha E1agors whsa the naturo an duraion of
such cstae, 20 far ~ he and ha childron wero
SG1neof WAS 70 % LOTT 3or adjudication by the Coura
t1E ~. sassssaat chazlea presented 70 ths
appointed iaS lis TSs6
he stated that they had !ntereat IL property IN Oil
esgo under the wy Of theis grandnnclo, Augustus
mother and himsoK: To his neighbora IN Now York,
also, Charles often declared that is children wsre to
ose ssoash se 6hsres 9s1 e
mado statements different from thcse, Importing that
Te oaSse 70 ss hs 9a sss
INN 70 sooan ed under os upon which
soess ss'Esa 4ats
fuii and one % Of those tlmes W. when he MED Tint
hta rights, consented fo the decrco "a It
stands, u y said by COUNSEL that thero was
for abandonment Of fec for 1eas estate md that
By TO- 1s t M principles Of equity tha VII
to s Su s saa IL only
alter the t.s of tie vii In respect to IL s Who
quest and n favor Of Charles, constituted auoent
eonsideration The arrangement effected was family
tain unloas fraud or imposition ha clearly proven. 10
such Court the nero evidence Of an nnsaenly con-
psraon q s esss
4 confederation enough for ap aucable dvison, al
ts tsse s hs IL ws9 ls S ~ Rs5s3
the 9ss ssTsa as b ss %as ~
Mrs. Garrett to tho Flagors was appended tho follow
ng proyso: aWo dsed the aboye property to tho Fig
lors subject to tho covenants, conditions md reyer-
atons Of tho will Fag!or II to pay his portion of tho
enclmhrances and debts against the estatc, Of
T. .he !, legscioa." The purport q this Tas, that
the Fagaors we1e to take their allotment Of land sub-
1ect to a Proportion Of the general bu1denB resting On
tho estatoths encumbranees, debts, and logscies,-
and also subject to the particular conditions and rover
eions In favor frat, Of the children Of Gharos and
secondly Of ths Grows. the Will providing for the
yessng of ths Flagor intercat ln bosa children upon
a certain condition, md in the Grown upon
another condition. which Inst lnyestiture il spokan of
as = reyeEoion These eventual !pteresta zero pre-
ced. James Grow sweara that he and ha brother had
always agreed to release to Charles this eo-caod 70
yeraionary right The decree neYorholosa a reserved
II y vel % provided for charge upon the Faglor
nda A. 70 Pay leRaess debts nd When
Nay, the ID decree W. modiaed bys proYiaton Ia The
aeea q ~ F!agloEs to tho ctow by which they
loaa6d tho Latter from payment Of tie annuitiea pay-
seo BY ~ r. executors r to tho Ese.s opt tie
decd from the Grove to the Flagors VIA inaarted q