National Republican., 1874-05-19
THE COURTS.
SPECIAL TERM-JUsr1cR wYLIE.

SPECIAL LTERM-JUSTICE wYLIE
This court was engaged as follows yesterday..
Clarke rs. Pengh, Order making Enoch Tot
ten party defendant
Getty VS.. Getty Order confirming trxstee's
sale and OF reference to auditor.
:, Houston vs. Hine. Decree tor formal ratihca-
Graham ". Graham. Decree Of divorce from
the bond Of matrimony.
Blake vs. Gunnell, and Crow VS.. Boucher Or
der appoiating guardian ad Inem. 60
Abbott Us. McOathran- Order appointing Sa-
ran DuncaDson guardian I'D Item.
DISTRICT SUPREME CoUKT-GENERAI.
TERM. y
All me justices snt IN bGne yesterday, and were
Elizabeth 9. Ouid aud others Vs. Washington
The case is as follows: Jn4so7 Joshua Peirce
made his last will and testament, commencing as
follows:
81, Joshua Peirce, or the county Of Washing
ton, In the District OF Columbia, do make this my
last will and testament, In manner and form fol-
Following this is q revocation OF other Wills,
then provision for payment of debts, then several
SPECIFIC deyses, and then the fourteenth item, Of
which the following is a copy:
Fourteenth. 1 give, devise and bequeath all
those fourteen certain lots or pieces Of ground,
part Of square numbered two hundred and seven,
situate between r and streets north and Four
teenth and Fifteenth streets west in the said city
of Washington, in the District OF Columbia;
four to number thirty-seven Inclusive on q GER
tain plan OF subdivision Of the said square regis
tered and recorded in the surveyors oice for the
on tho east side of the said Fifteenth street,
at tho distance Of one hundred and
sSsy sSy Of feet h. s5 siren, % 1a1 saS north
tanning together in front on the said Fifteenth
street west one hundred and thirty feet, and in
dred and ninety-four feet and q half inch more or
less, to johnson avenue, (including in the said
depth twenty-feet wide alley, laid out through
m nj h0 4CotA nNC Nn ErfA dc IWn
NJ. Shuster and WIN. H. CIaggett, both OF the
said city OF Washington, and the survivor of them
and tho heirs, executors, administrators and as
signs Of such survivor in trust nevertheless, and
TO, for and upon the uses, intents and purposes
following, that is to In trust to hold the said
and for site for the erection Of o hospital for
fuuudlings, to be built and erected by any asso-
soeiation, society or institution that may here.
ior such hospital, and upon such incorporation
1pon further trust to grant and convey the said
20 otS .. arouno anu tIosL estate 70 poratlon
OF the erection OF h'hospltnl, which conveyance
shall be absolute and In fee: Provided neyerthe-
less, that such corporation shall be approved by
my sld trustees, or the survivor OF them, their
successors in the trust, and IL not so approved,
then upon farther trust to hold the said lots and
trust estate for the same purpose until corpora
ton shall be SO created by act OF Congress, which
shall meet the approval Of the said trustees or the
epetion /, gxsa is 9hi, o. men, 70 TnSm nb lu ans
provai- Ia Irnst to convey as Aforesaid, and re-
commend to my said trustees TO select an institu-
tion which shall not be under the control Of any
one religious sect or persuasion; and until such
conveyance, direct the taxes, charges and as-
sessments, and all necessary expenses OF, for aud
upon the said lots, and every one OF them, to be
paid by my executors, as they shall from time to
time accrue and become due and payable out Of
the residue OF my estate"
Then follows devise OF the 'rest, Ecsidue and
remainder" Of the testator's estate, real and
personal, including his estate called Linnolan
Hill, in trust to trustees for the use of the testa-
tors nephew In tail with devise over.
The Plaintiffs claim:
First, that the devise Of tho fourteen lots above
described is void, as tending to create perpetu-
tty; second that it is void for uncertainty; third,
that being void the said lots vest in the plaintiffs
as the heirs-at-law OF the testator.
The case was argued by Mr.. o. B. Barrett for
plaintiff, and by W. s. Cox for the defendant, and
submitted.
Warmeck vs.. FltEhugh. Submitted on briefs.
EdwaTk X. Jones was admitted to the bar upon
the report Of the examing committee.