davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
AL E x A N ID RIA,

MARINE RAILwAY.-The Alexandria Marine
Railway Company has purchased the property
known as the lower or GOodhaDd's ship yard, for
$1,000; also the property i'm mediately al joining
that mentioned, belonging to Mr.. James Green
for 81 500, and the adjoining property belong
ing to the keiths and Seatons; and will as soon
az possible, establish there frst-class ship
yard, repair and using the ola ways, airead =
laid, for the usual small river craft, and laying
new ways, south of those now down, extensive
enough Tor the repairing Of-and building, if
hecessary,-the largest CLASS of vessels.
U. ). DISTRICT COURT.-Judge Hughes was
to have held a term of the u. S. District Court
here to-day, and several lawyers from the ad-
joining counties were present to attend Ii, bat A
telegram was received this morning stating that
in consequence of the extreme illness of the
judges son the term would be necessarily post
poned until the 30th of Nay.-Gdzette, SATURDAY.
IN CRITICAL CoNDITIoN.-Mr. Wesley
CaTlin, whe fell and broke his hip at his resi-
dence near Carlin's Springs, last Sunday, Is
lying in a critical condition, and no hopes are
entertained of hisrecOyery.
FISH RRPoRT.-Sinca l. m. yesterday II 900
shad and 225.0OO herring have arrived. Shad
sold for sl350asl7 per 100; herring, Sass per
LOCO; reck and perch scare at 15a20 cents per
buncb.-Sentinel, Saturday.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
THE COURTA.

POLICE COUkT-yHd6e SHsu.
To-day, Henry Pollet Was charged With an
assault and battery on Henry King. Poiiet ie
Freuchnan, and the assault complained OF wss
OF An indecent character. Henry King Is q
young man, rather delicate in appearance, and
testified to Pollets following him about the
streets and making indecent proposals to him,
and on his refusing TO comply with his request
assaulted him; $40. Mrs. Lockwood defended
the accused. George Collins, assault and bat
teib on Annie, his wife; 800 bonds to keep the
peace, sId IS fine. Robert Morris, charged
with breaking optn the house Of Joseph Grown
and taking q sewing machine therefrom; grand
Jury. Thomas s. Donaldson, assault and bat
terry on Philip Kline; as.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
THE WEATHER.

WE nTsInM T'es W Eh.y StsHdI UHer,l
PROBABILITIES Over New England clear weather
and northwest winds, diminishing in force, will
prevail. For the middle states and Iowsr iaka
region clear or partly cloudy weather winds shifting
70 northeast and sOutheast and to- night from ssf
For the south Atlantic and east gulf states winds
shifting TO southwest and southeast with clear
weather and rising TEN perature. From the VISIT
guilt northeastward to the Ohio valley fresh and
prsk sontneIiy 20 easterly winds, increasing
region southwark TO the Ohio valley and Missouri
iresh and brisk northcrlg 10 tasssrly Winds risag
temperature, clouoy anf rainy weather, excsnf
partly as snow over the northern portion Of the
Lonls will remain nearly stationary, and the Ohio
will rise. VIM"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

COLUMBIA TrPOG GRAPHICAL UNIOF-Eyestioa
81 Deie9dte-A special election was held on
Saturday by Columbia typographical Union
No. lOl, for delegate 70 represent them at st.
election between Aessrs. Cyphers and Com
The polls were opened at O'Clock d. m. and
closed at 3, and notwithstanding the Indictment
weather, q large vote was polled and great er-
eitement was manifested BY the friends of the
two candidates. The result was As follows
Whole number OF votes cast, 442, of which Mr.
Allen Coffin received 80, and Mr.. G. NJ Oy-
piers ls6. Mr.. Coffin, receiving 20 majority,
was declared elected, thus completing the dele
cation, which Is as follOws-Wm. r. Mel
president Of the international Cnion) OF the
EVENING STAR. John VI. Richards of the Ma
fiOs0l RspHbiIcaH. and Allen Coffin of the Gov
eminent Printing Ofice.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

ARREST OF THE ALLEGED SNEAK THEE
koBERT Reconsideration was made in TaE
STAR Of Saturday Of the discovery OF some
stolen goods in a house occupied by a colorsd
man named Robert Morris, in South Washing
ton, by Oficers Kenner and Ahern. On Satur-
Gay afternoon Officers Aherns arrested Morris
In the Patent Once building. The goods were
removed to the station house Of the first pre-
einct, where many OF them have been identi-
he'd. Those not yet identified are a sewing ma
chine, tslms Oyercoat, frcck coat, ladies black
alpaca suit, silver spoons and dishes, fancy
dress goods, parlor clock, frock coat, a cloak
fancy candle stick made OF q sea shell, aud
msnv smaller articles. Learning that Morris
was in the habit of hanging about the Patent
once building. and skuiking in the coal vaults
Omeer Ahern went there on Saturday evening"
and alter considerable difficulty arrested him A.
he wss escaping through coal hole to the side
walk. He WAS locked up for a hearing aud his
wife Addie, WHO was previously arrested, wa.
released.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
The MARX Rfa

BALTIMORE, April Z.-yirginis skies, old, 30,
virginia Consolidated, SEA; do. ex-coupope, As; d
peeiers, 81; West Yirgiufss, II; North CatJiIna
sizes old, rs; do. new, bid to-day
BALTIMoRE. April I.-Ootton firm-Iow mid
dIines, 65s@l6h. Flour doll and u0chsnseo
Wheat quiet, but hrm-white choice. s6G1l s., fsir
TO Prime do, 65tJI So; choice amber, 1 SidI as.
good 70 prime red, l76@l 81; com non to fail do .
itO9l 40; PenLsy " anis red, .SOGll 81; Ohio snd
Indiana 90, bsGi IS; western spring, 59Gl So
SoIn dull-white southern, 1905; yellow southern,
ez@SS; mixed western, new, AK; old, IS. Oa's
sdy-southerr. 6o@6f: western, 6J6D63 Rye Iniet
az steady, 02tdl o. Hay quiet, but firm, 20dl5
buiks meats.better feeling: nothing Oh ring.
Mess pork, I4@l7h. Bulk meats nomin Al
,sS SnGs sa5 clear rib sldse, $685.. .con,
NS sugar cured hams, H@l5, Lard, l06. West
unchanged. 1--WE S1e"
NEW YORK, A pril T.-Flour shade hrmer. Wheat
cent better. Corn cent better
NRw YORK, April 9.-6tocks steady: little off
Money! 4. Gold, 1875. Exchange, long, AZ: snort
$50 Governments strO1g and higher
LONDON, April n, $3.50 p. m.-OJnsols, g7fGS
Tor u one aud account. Bends Of 1866, old, AS
IL. 40's, lp4'S; Erie, BIZ. '
LONDON, April 81, 80 .. m.-Erie, 3lZ@3l
LONDON, April u 81 p. m.-The rate OF discount
In open market for three months bills is az Der
cent which is e the same ss the Bank OF England
LONDON, April n, A D. m.-Erie. slh@3lL Paris
dispatches quote rentes at 50 francs 90 cen,imss
LONDON, April n, 8 ~ D. m.-Tne amount Of
bullion withdrawn from the Bank OF England on
balance to-day il Eli 600 Erie, siIs.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

CHANGED HIS MISD--A negro entered a
drug store on Sycamore street on "Wednesday
ana asked for i've grains of strychnine. The
young salesman refused to give il 60 him And
referred the matter to his employer who inter-
rogated the darkey as to what use he wished to
make OF 1t. He said he wanted to take it. The
the store, which he agreed to do. The same
quantity of -four was duly mixed and handed to
him, when his courage failed him and he out
the glass on the counter and quickly left the
store.-Petersburq( Yd.l Nerps. 2ith
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

ODD FELLOWS COMMUNICATING fifty
hfth Anniversary of the founding of the indie
pendent Order OF Odd Fellows was celebrated
BY the members of the Order in this citv at the
Mount Vernon NJ. r. Church at 4 p. ID. yester-
day. The church a. well filed with mem hers
ard their families. The Odd Fellows mixed
choir, under the Leadership OF PrOfeSscr Joseph
n. Daniel, Past Grand, were present. ant rem
dered choice selections The exercises were
conducted by Rev. A. b. Grosh, Past Grand,
assisted by Rev. p. II. Sweet, and were opened
by singing the SS5th hymn, prayer, and reading
OF portions OF the scriptures The text of Mr..
Grosh was 18th psalm, first verse: mot unto
us, U Lord, not unto Us, but 10 Thy name give
glory for Thy mercy and for Thy truths SAKE"
In the course Of his discourse he briefly sketches
the rise OF the Order, and said that during the
past year II had paid out over q million dollars
for the benefit OF the widows and orphans OF
deceased brethren The ceremonies closed
with beDedicti0n by the Rev. Mr.. Sweet.
Following up the celebration of the Order at
large yesterday, Ridgely Encampment No. s.
viii give concert and soiree danssnte az Ma
RIMS hall this evening; and Union Lodge No. IL
viii give concert and sOciable al their hall in
East Washington.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
FINANCIAL AND COnMEnC,sL
wall Street TODAY.

NEW YORK, April 27.-The Posts financial
article says: Gold opened at 1l2a declined to
H. and has since been up to 1l2Z. On gold
loans the rates have been 3s3 x al for carry1ny,
The reason for the decline TO ll2I was hat
about 81, 100000 gold was sold out by private
arrangement for account of a Spectator, who
OF the su bsequent advance 10 l12X was a rise in
prime bankers sterling bills to 4S7 a49O, business
coming up to 4s6H s4S9Ha4. The stock mar
ket opened at da4 above Saturdays closing.
except for Union Pacific aud Telegraph, which
opened without change. Before the first board
1t was firm. At the first board prices declined
a traction, and the market was rather heavy
until noon, since which prices have ad vanced
and are now the highest of the day, except for
Pacific mail. Money is in easy supply at 4a5 for
call loans, and Gar for prime mercantile papsr
government bonds are . I higher than Sat
urday. Southern state bonus at the boar w IRE
dull and steady.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

BIG LAW SUIT IN VIRGINIA.-George
Fowler, ST., deceased, of Pittsylyanis, va.
having bequeathed his property to his for
slaves, his relatives and heirs at law have in
stituted suit against his devisees, the object be-
ing 10 break or lnvalidate the will of the tesla
tor upon the ground Of undue influence and
fraud. There are ninty- three parties to the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

ANOTHER BURGLAkY.-Last TUESDAY night,
about y O'Clock, the grocery anu variety store
of hT. William Brick, on the corner Of 81 ASA
eh1setts avenue and "a street northwest. was
broken into and robbed Of valusbes to the
amount Of about 500. The robbers broke open
and removed the shutters from one Of the show
windows, and smashing in the large psnes Of
z ass, stripped the window OF goods TO the
amount above stated. This robbery was per
petrated right under the gaslight OF the lamp
on that corner, aud in view OF two or three
other city lambs in the immediate nsighbor-
hood, and within q few minutes walk OF q
police station.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

CIVIL RIGHTs IN MAssAoHUssrrs.-A
ander Ellis, colored, has recovered elo0 from
the NarTagansett steamship company for re.
of tho steamer Providence. At previous trial
the plaintiff was awarded 600, but the verdict
was set aside on question OF law.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

"BLuR HENS CHICKEss."-There is a wo-
man living in Pencader Hundred, New Castle
county, says the Wilmington DELI Gazette,
"who has been married twenty four years, and
who, last week, gave birth to her twenty-third
child, which makes her record one child per
year since her marriage. This woma In would
cef5ainly take the premium at any county fair
in the land. We could not ascertain whether ar
not all her children are living
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

FLOOD SCBscRIPTIoKs.-The telegraph re-
ports the subscriptions for the relief OF the suf-
Ierers by the devastating flood in the Missis-
sippi river, and covering miles Of the south West
a. follows Cotton exchange, New York, 81 ,45O
city or Boston, $4,000, and subscriptions con,
nnufd; ST. Louis, q, 900, and large quantities OF
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

FURNITURE, WINES AND WHIsKRY AT AuC-
TONIC morrow Messrs. Latimer & Clearv
Will have in front OF their auction rooms one of
the most extensive sales OF the season. embrsc-
ing every variety Of furniture, also wines,
wbiskys, and segars Parties DESTROYS of OBJ
tanning first class goods should not fail to at
tend.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
nON Z s TIC.

have for sale, q the Office Of the DOM EsTIO
SEWING MACHINE COMPANY, Machines but
little used, thst have taken in excaange Tor this
pt4xSTlC, - follows:-rwo w heeler & Wilson's:
two singers; i've Grover Baker,; two Wilcox
Gibbs; ono Mclean Hooper; one " Diamond -
two Americans. The shove will be sold at from q 10
TO- $50 each, on monthly in tallments.
IL you want the best Machine In use, buy the
DOAEsTlC. One weeks trial will be given, with
invite competition. Send for the DOMEeTIO
and such other Machines - may be recommended,
Try them side % side, and then choose.
The DOMESTIC IL never beat.
.v PHIL. II. WHICH, Agent,
spu-im 905 street, On ssonic remple.)
6e1: ana Ohron. lp. Capital and Gazafts al
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

MRS. CHANYRAC, recognized all through .he
sou1try ss one OF the finest actress on the stage,
n iil appear 1t Ford's Opera House this evenin 2
IN IsyleaIes new srf splendid play
woman's Wrong" The performance hss at
fsActed crowded houses in other cities and Will
>aoubtless III the opera house here nightly.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

WAsHrNeToN FIss MARKET ro-pavs.,s
by r. A Golden & Bro, 5000 shad. nom sI9I
20 go per hundred; 5000 herrings, o. to a
Per thousand.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

SksAbs AT AUCrIoN-Messrs. Lstfmsr &
CleAry will sell To- morrow WITHIN thar An .t3on
ytoms, at II O'Clock, about ten thousa nd segsr
in lots 70 suit purchasers.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

THIRTY-sRcoND ARNIyBRsARY ST.. MAT
THKw's Cat yesterday, q large eou,rs
CATION assembled &C 81 Matthews church. ma
occasion berg the thirty second anniversary OF
Its conservation. Solemn high mass was csle-
Sf the church, with Rev. I. b. Broaellet as dsa-
con and Mr.. Dougherty, OF Georgetown Col
1ege, as sub-deacon. After the gospel, the Rev.
Father b. A. Mcguire. Of St. Aloysius parish
delivered an interesting and instructive dis
course on Z" Sacrifice" Haydn's No. 10 uass
wa rendered by the choir under the leadersatp
OF Rev. Father White.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

A Boy SERIOUSLY Cur BY SUNDAY
SCHOOL CoNPASION.-Yesterdsy, two Sunday
sehoOl pupils Of Trinity r. x. church. named
Eight on the corner OF q and 81 streets vbeo
.oS LOT mer Was severely cut IN the hip with q
snne IN the hands OF he Pierre. Some bvstand-
At drug store on the corner WHARF Ia ,.in,.d
from loss OF blood. Ora Boyle and Briscos
were summoned, and after MEDICAL AID = ~
removed 70 MS home on Virginia avenue IN.
Pierre was taken in custody 6y the police anS
locked up TO await the results Of the I'M srie. OF
Bauf.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

IMPORTANT REAL ESTATE SALR-we call
attention to the sale Of improved real estate on
Wednesday next, advertised in another COLUMN n
oy b. n. Warner, auctioneer. The location is
one OF the best in the city, for business Of auy
character, aud an investment in the property
can hardly fail to be renumerative. The sale
u well worthy the attention of capitalists.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
CITY ITEMS.
PRIsG's.

PRIe6's.
Pine Plated II. s. Chains. A., SS25:
Fiae Plated Bracelets, 81, go;
Fine Plated Sets, Al, SIS;
Fine Plated Buttons, 81, s.;
Fine jet, OSydired Jewelrv, In all the sDring
sty les. received at Prigg's Store, No. 457 Penn
sylvania avenue, between Az and 9th streets.
GOOD MEASURE AND RUNNISG Over
Dootey, Yeast Potofer has already taken the
Precedent over Others, from its well k9o su
strength aud purity; but aside from these facts,
1t il put up in cans holding the PULL wEaar
a. represented, which Is rarely the case with
those Of ordinary manufacture. Hence, Dooley's
Yeast Posrder 10 the best, purest, strongest and
cheapest ever offered TO the consumer, an 4
every one who has used il win readily testify %
this assertion. For sale In quantities to sd!s oy
all good crOcers,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
LOCAL NETs
Awussmests. -

Amusemo. 4c., ro.uixhs.
Fsrd-S Opera s-ouse-pES Cs.,,
=" A wonsns wrOnDJ ="
Tse',r tosa,o:4>.-" Paris BIZ GasIiSht Before
the war, I'D other attractions.
go feAotgs' Hall, Nary Ydrd.-Concert and
soelaoie OF Union Lodge, No. II, 1. o. OF.
kariRi's HaH.-Concert and soiree dansante
OF Ridgefy Encampment, I. O.O.F.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

THE SAFE RoBBRRY.-No further develop
ments have occurred in relation to the burglary
upon the Office of the United States District
Attorney. The prisoner. VIM. Benton. is still
at headquarters. and this morning Chief
Clarvoe sent him in custody OF Off GERS TO a
photograph gallery to have his picture taken
Tor the rogues gallery.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

PONDS EXTRACT cures rheumatism, burns
piles, ulcers. toethache, sore throet, sprains
ecaios, soreness, old sores, headache, collie
iameness, bruises, boils, wounds, neuralgia,
hosrsenese, diarrhpa. and all hemorrhages etc
Ponds Extract differs from all other advertised
preparations in the fact that it il standard
medicine, treated of in medical writings, and
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

TEMPERANCE MATTKRs-At a meeting of
the Dashaways last night large gathering was
present and considerable interest manifested in
the cause of temperance. Addresses were IN ade
by Messrs- d. b. Dunning, L. G.. Theaker PO-
Ter and A. Coffin, after which several present
signed the pledge.
In our advertisement columns will be seen a
notice OF mass temperance meeting in the
Hamline M. K. church, at O'Clock this o. M.
10 be conducted by the ladies of the northern
district OF the city. The is q step in advance of
any OF the efforts in this movement in the city,
Inc general temperance meeting, at 3 %. m, is
to be held daily this week at DIR. Smiths
church, 9th street. The ladies' meetings are
announced for the Capitol Hill PRESBYTERIAN
church, DIR. Chester; Ryland Chapel, isl snd:)
Dr. Smiths, 9th street; Hamlne church, 9th
and Z streets, and the Union Chapel, 10Th near
avenue. These are union meetings of all de-
nominations under the auspices of the Women's
Temperance Union.
The Georgetown Catholic Total Abstinence
society held It's sixth public meeting last night
at Old Trinity church, Georgetown, when ad-
dresses were delivered by Messrs. B. ID. Peck
and W. Z. Drew. Some fifteen or twenty per-
sons took the pledge, most of whom identified
themselves with the society. One of its most
attractive features is the newly -organized tenn
perance choir, made up OF the young ladies and
gentlemen Of the society, under the leadership
OF Miss Hoffsr. Now, that the public lecture
season Is pretty nearly over, IL is proposed to
substitute course of light summer entertain
menfs, such as pic-ncs sociables, promen ade
concerts, &c, to be confined exclusively to the
members of the society.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
NEW PUBLICATIONS.

WANEBLY NOVELS. Thistle edition. the ba.t
w published; AMERICAN HISTORICAL REC
Vhp' ~ beI,on Losing; BIRDS or NORTH
hmkhICti aid all otner new Rocks and Pa lea
W ne. together with variety Of Picture Frames,
sp2s-ir sTOCKMAB SON, s2- sth u.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

THH SINGER SEWING MACHINE sales OfIsr2
we're s219, $50. S.I2-swtf
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
SPEOIsL BARGAINS IN DIV COINS
~ At =. THOS. BROWNS.
GEw STORE, No l2l BRTDeE sTRkKr

Harris, Seamless ana 2 Button Kid Gloves.
harris Nlcteris 2 Buitsn Kids At 81 Is aat 81 -,
Large assortment Hamburg Edsiag a ID las 'rtiueS,
Nery ehesY,
SIM Umbrellas, ell the rev stiles,
10 pairs more ef those ohea fBaok APacas az So c.
snd 10 cents.
Il x silks. blik inos, pure Mohsir L lstres
Gray and Bls X striTcd SaEIacT silk,
Gray Dress Goods fOr SHIFTS.
OsH early ard examine my 81 ock, bought for cash
and ill be solo cheap. apst A.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

oFkR TWO HUNDRED PIECES
FRESH SPRING CARPETS
or THE LATEST % sSIGNs
OYER Three HUNDRED PIECES
CANTON MATTINGS JUST hECEIvsD
Excellent White Msttings ut Is cents
Inspect oar stock and prices, aud be convinced.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

THERMOMETERS and Barometers are repaired
and made to order by Hempler near Ak street.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27

To GET BID OF the Chills Immediately, take
nently. 40
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-27
DRY GOODS.

Black SIN PopiiGs, Ghse.. r~duceI from rs,
ZINE OOlorei Is Peplto. ~ 7sc.. rslucei from :
ysE ant - eilks, IS s. aud 81 cent?
Black Silks, Sssc. 20 s3t cheap
y AGA Alpacss, from sc. up 20 al
New Nigcgne Dr. Goo a., 9sc
Beat percsle~. - aud 2Bc.
NV shades Cclorta slpscas, sc
Best CalicOes, s and loc,
hogan q wYLIE,
ar23 Or lC1s and logo Tth SIRE. norfe-..'
New-York tribune., 1874-05-07
THE FURNISS WILL CASE.
JUDGE VAN DRUNT DECIDES IN FAVOR OF THE
PLAINTIFF.

PLAINTIFF.
A suit was brought in the Court of Common
Pleas time ago, by Leon Furnss ono OF the heirs
Of the late William p Furnss against the executors OF
the estate. The action to compel them to make
partion that he should receive the full Income from
oneseyenth Of bis fathers estate after making certain
deductions prescribed by the WILL This Is one of class
OF controversies very frequent at this e and which,
they could be oreseen by the testtors would 90 far
to effect the framing Of wills n such as to save
litigation aud expense after their DEATH The executors
had reserved the estate and thereby reduced the In
como OF the plaintiff he claimed, to one-ffth Of the
proper amount. had his share been made productive.
This action defended by claiming discretionary
powers under the WILL and any adjustment was refused
except the terms made by the executors and to
which the plaintiff could not assent. The case
was tried before Judge Van Brunt, who decided
In favor Of the plaintiff On the trial It was shown that
partition OF the estate could be made and that the
property involved. portion OF could be sold SO IA
to make the plaintiffs interest fully productive It was
also proved that tho executors had loaned large sum
OF money on call at ordinary rates OF interest at time
when money commanded better price IN the market
aud when safer investment could have been had Tne
Court found that CLAUSE In the will dreotlng division
Of the estate was not ambiguous and that IL was the
duty OF the executors TO make partition and that as
they had neglected and refused TO discharge their duty
In that particular the plaintiff. L3ou Furniss was en-,
titled to aJudgment compelling the executors 20 divide
tne estate ana IN case an actual partition could not DO
made without prejudice 10 tho rights the heirs that
the property should DO sold and tho proceeds divided
ana the Income pail as prescribed The Court, there
lore, made decree, aud Judgment has been
entered TO forthwith make u division OF all
9t tno rosidnary estate of the lato William
4, furhlss Into seven equal shares, quantity,
quality aud value ratabY considered and that such
shares Do assigned by lot 10 the trustees OF the several
us estates Tor each OF tho heirs as directed by tho
Mu; ~ ~ also required that tho property In Broad,
wall ana Eghths be- sold aud the proceeds divided
as specified. The Court further ordered that II tho ek
ecutors should not mako tho division and allotment
within eight weeks from April ~. that the piaintln
should apply 10 the for tho appointment OF ref
eree 10 make such don and Tor auy other reuof that