, 1874-07-01

N1jHCe11nnc0uH IBusineHs Trnnsnctcu
TNAtrraisSv

AutuhI 4HbAThucG company, Gk ii. 1Nn tAHes
which occupied four or flvo aays, WAS an action
to rccovor two-ntnths Of strip OF land 108 foot
on Lrsallo Rtreet by 1o2l foot on Madison street.
boing on tho southwest corner. Tho bill alleged
TINT - Donnor, wlio thon owned tho whole
strip above mentioned, died In 1866 intes-
tate, leaving three childron,-GaI!la Vir-
ginia, 1sosalia, aud Porcio w., hIs hoirs.
They took oaoh ouo-thtrd OF Ills estate. Vlr-
giula subsequently dlod, loavlng tho following
obscaro'y- -wotdod will os proved aftor tho fro
from tho abstraut OF 1t illado in All abstract Of
titlo:
reai, rerAonal. and nsci wheth.r inhcritcd by her
iistor or However acquired, 70 hold tho same npon
fSrst-To sy hsr deb.s eIc.; ttou 70 hold sasd ca.
tato In eqUal moiutIea for hor brother, rerco ".
nonnct. aud d., her at4ssr 1sosae A. Ion
1B years. anil 1lcr brother attain the age OF
II years, using 40 rh Of sakl ostA.o shall bo
biatcr. and wlon said brother aud stalcr nlull attain
inc ngcs above stated t1 convoy and deliver oyor by
further trust that III shid nlacr Hlall die Without
ss,'9 @ hefore the fIli execution of Tho trusts Of this
esas q I'LL 1t brScr VICE Il o ess
buth said brother and alHier shall tlts Without tsas
prior to their attaining tho agoh Of Is and II years
to her auht, Amelia NJ. Don, ntl Robert 1ogle Tro-
ler, her ceiAin. in elual nluittIoy.
Rosala died aftor attaining tho ago Of 1s
yoars. Her interest was sold to pay dobts, mud
purchased by @. a. Gregory. On tho 20th Of
january, 1870, Porcio, tlton minor, conveyed his
interest In tho "trip Of and to tho Illinois I,aud
Il Loan Company, for tho profcssed considora-
tton OF 200. porcio VAS thon young colored
boy, III feeble health, oaBty influenced, and with
out any dfninterossod adviser or frieud and it Ia
charged that tho deed was procured by fraud aud
undue influence On tho part Of tho Land Il Loan
Company aud its agentH.
Il il also doniet1 that the expreassd consider
atlon WIS ever paid, and complainant charges
that tho deed wns withheld from racord until tho
day porcio died. Tho complainant, who il
Fcrcio'a unclu, has boen rositont OF Louisiana,
and Is entitled to two.ninti,s Of tho strip Of laud
He claims That Virgniaa sharo Uont to Percio,
giving him two-thirde Of tho strip, and that oil
his death his estate wcnt to his unclo (coinplaiu-
anti mud tWo auuts, giving each two-nlnths.
Tho answer donlcd tllat there was my fraud or
nnduo influence used iti obtaining the deed, a1.l
claimed thht tho consideration percio was to re-
cetve Wea as much Us tho laud was worth, incum-
bored aB it Was By mortgages md tax-Bnfes. Tho
evidence showed that tlero waa private aerco-
ment made BY tho Company with percie, by
from e 0 dss ea of fa to sao 80 teeSno a s 0t na
" tho 1st, day Of May, 1871. aud thpn
SS3.03 after that 80 long as 4o should live, and
that il lie died before Jule l. 1871 tho was to be
OF age in May, 1s7l), cortain persons dosgnatcd
by him were 70 recolvo 80, QUO at his death. It
also appeared TINT porcie, in 1869, started for
Now Orleans to seo Ills uncle, whoa he was stop
e.5cd by ". Kelsey Heed, aud induced to como
'back a1ad project bis interests. Eight Thousand
dollars wore then obtained by loan from Reed.
and expended III paying taxes anu in nttornoyB'
foes, oAtenalbly for potcies estate.
The Judge hold that tho objections mado to
tbs ilieglt'lnaoy Of the complainant wero not
provcd and TINT he waa c1Ga'ly nu Luir Of Porcio,
s1o died July g. 1870. Tercio always rocog-
tho control of ". Kelsey Heed. Tho complain
ant could not be- hold guilty Of lachea ii. rotul-
dating tho decd made BY Pelcia, as percie would
hnvo had tlo right to reBclnd the contract within
painallt could not 10 limited to s|.ostor tino.
1t WINS also clalmed that tho conplafnant's ro-
colrt In tho County Court, III full Of ill claims
agaisBt percies estate, essopped him ; but this
only referred d to his claims Us guardian, aud not
Donuer wan ontit!ed to his shsro independent of
any question Of fraud, antl ho shoufd not dis
cttes tlnt point. Dut he could not holp saving
that the action of kelsey Rood had boon
very ,roprolleisible In tho nlatter. He had
= mero song, and his wllolo conduct In referoncs
to both tho children was one of tho worst pieces
Of business he bud ever known.
III regard to tho construction OF viretntas
will, lie regarded 1t AZ very inartlcially drawn,
aud ti'o fact thoro was only, an abstract Of
it made Tho case moro difficult, 40 that
ho should not attempt to 'conBtrue 1t
her sbaro. He would give Bonner,
tI, therefore, only one.nntl. but free from
PRONE Court dccido tlat Donnor ,was entitlpd to
two-linths, the decree could bo nodi1el NO AZ to
include 1t, without nocesHtatlng another trial
Mo,urs J,ro .,d Y,1,,u. .u.... -.