The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-20

son whom she called after George Washington
was said, on the other side that tie non-recogni-
ten OF the plaintiff by Madame Jumel, and his nom
recognition OF her. overthrew al the evidence that
could be adduced by the plaintiff. Madame Jumel
was vain fashionable, ambitious woman, and she
would not wish to throw bar-sinister across her
illegitimate child. why did not g. W.
Bowen make himself known to Madame
the world Independent for himself. He was doing
well enough; he had become respectable grocer,
able to support himself and his family ne was aDie
to support himself He said to himsell, III my
mother Is not willing to recognize me-lf she mas
deserted me In my youth am not not Wi do1b 10
that II Mr.. Nelson Chase had permitted them TO
peruse what was written in the papers OF Madame
yumel 1t would have enabled them to see, under der
Madame's own hand, that g. w. Bowen was her
son. The suppression OF evidence was enough 10
entite the plaintiff TO claim everything IN respect
OF 1t that was consistent with the case.
Mr.. Chatdeld defended the conduct OF Mr.:
Gideon J. Tucker in the management o., OF
saving that he had been guilty OF the abominable
crime OF sub0rnation Of perjury. This case was
to be- determined according to the Judgment ana
matter for the Court. Il the deeds conveyed
title OF estOpped Madame Jumel from transferring
the estate, 80 that 1t should pass to Mrs. Chase,
and In case of her death to her children, It did
ton OF heir or not. That was question Of law,
and II the Court believed that to be the
them to ind p' verdict s" for the defendant
without troubling them with the fact whether the
plaintiff was the son OF Madame Jumel or not.
Counsel commended that the trust did not con-
template the power OF limit or appointment to take
effect after death. Madame Jumel could make no
such appointment 1t would be testamentary in
It's character The only mode OF dlspOsing OF real
estate by person living, to take effect after
death, was by viii. No person except Eliza b.
Jumel had any rights under the trust. No person
could say word to her that she should revoke
that power, because there was an entire want OF
in crest which would enable another to say word
Mrs. Chase was the donor under the trust she
reserved no rights to herself, and Madame Jumel
had power OF sale.
she had power or appointment. The appoint
ment took effect after 1t was made. The trust did
not contain power Of sale, and no power except
power to appoint Mr.. O'COnOr submitted to the
Court the following passage rom the deed OF ap-
pointment.--
the said Eliza Brown Jumel 10 hereby order direct
limit and appoint that Immediately after decease the
said Michael W0rkeister his heirs all and
gular the said above described premises such
S p ana to such uses and purposes as the said
under my hand and executed in the presence Of
more Witnesses designate and appoint; and for
my husband Stephen Jumel In case he be then
living, TOR and during his natural life, subject
OF 5000 payable TO Mary jumel BOwnes and after the
death of my said husband or in case he shall not survive
the said Mary Jumel BOwnes and her heirs in fee.
The defendants counsel relies on the above
passage in Madame Jumes deed OF appointment
az cutting OIL all claim Of the plaintlfr, Bowen,
whether legitimate or illegitmate, to the posses
sion OF the estate now in litigation; and II Judge
the jury to aud verdict fOr Mr. Chase, the de.
PENDANT.
The Court adjourned until this morning, when
Judge Shipman win deliver his charge to the jury.