National Republican., 1875-05-26
THE COURTS.
Equity Court-Judes Wylie.

Equity Court-Judge Wylie.
This court was engaged as follows yesterday:
eBurch vs.. Tate. Order for rule to show cause
Hunter ys. Metropolitan Building Association.
Order for the discharge Of restraining and denial
oflDjunction, with directions for settlement.
Todd VS.. Richards. Decree for sale Of part OF
lot in square 20, with ]. S. Edwards and B. p.
Snyder as trustees. -rrr
Vanssnt vs.. Electro Magnetic Gas-Iight Com
bali Of certain patents each party to pay its own
Bryant vs.. Keys. Order for substitution of
Ratfe vs.. Ratre ct al. Decree for sale, with
T. p. b. Sands for trustee.
Green yEQueensOury. Order for appointment
Of guardian Gd ltsm. Adjourned.
Circuit COurt-Mr. Justice Humphreys.
Nicholson VS.. Underhill. Motion for new trial
valley vs.. Stevens. judgment nil dicit.
CASES TO-DAY.
The following cases are assigned for trial to-
day Nos. 60, 50, lS4, 1885, 49, 1885, l39 ald al. Ad
Journed.
Supreme Court-General Term.
All the justices except Justice Humphreys sat
in 6dnc yesterday, and were engaged as follows:
Wetmore VS.. Smith. This was motion to re-
tain costs, the attorneys fees, put down at i've
dollars, under the provisions OF the revised laws
passed by the last Congress. Mr. Melsy con-
tended for a construction Of the new law to make
It harmonic with the old law, and give attorneys
ten dollars and twenty dollars tax fees, but the
construed.
mGsEe prohts on lot on Sixth street, opposite the
Baltimore and Potomac dept. The case comes up
on exceptions to Judge Carters decision. instruct
ing the Jury that counsel fees (other than taxed
eosts) were not to be given as part Of meHse
profits.
The case was not concluded.
John r. Wood and wife, Alice, VS.. Violet Able
stal.
STATEMENT.
This is a suit for the sale tor the purposes Of
partition Of a part Of lot No. IL, in square No.
l64, in Washington city, d. T., and for canoella-
tion Of deed referred to in the bill. It comes up
to be heard in General Term in the first instance
on the certificate of Judge Wylie.
The bill alleges that parties plaintiff and de-
fendant are citizens Of the United States and
PENDANTS Violet Able and John B. Able, her hus-
band. That said John b. Able and Violet Able
reside in the city Of Baltimore, In the State Of
Maryland. plaintiffs sue in their own right, and
defendants are sucd In their own right. That
George Milburn, late Of said District, departed
this life about the day Of August, A. D. 1888,
leaving him surviving his wife, Margaret, a son
and three daughters, viz: Thomas, Margaret A.
and Violet Able, (Hee Milburn,) one Of the de-
dCceased,) all Of whom are now deceased save
said Violet, the said Margaret A. without issue,
said Thomas leaving him surviving issue a son
Alice, and defendants Thomas and Ada Milburn
Cnfants,) aud the said Mary A. leaving her sur
Viving her husband, defendant Henry D, Gunnell
(now deceased) and issue, son, defendant Frank
ID. Gunnell. That said George Milburn died
seized OF certain real estate in the city of Wash
said eity That said GeorSs NISurn Nj deesaseS sSs n
executed his last will and testament on the 9th
Of July, A. D. 1888, which was admitted to pro-
bate and record on the 7th of the ensuing month
Of September, and Is duly recorded.
A part Of the Will is as follows:
will and bequeath unto my beloved wife,
Margaret MtlbuTn, all my estate, both real and
personal, during her life, after my Debts are paid
to be by her managed and conducted in any man.
ner she may think proper and the best for her own
interest and that OF my children. to Wnom give
and bequeath all Of my said estate, and to
their heirs and assigns forever after the
authorize and direct my said wife, as
she may think proper at any time that any Of my
said Children may come Of age or be married, TO
give such their just portion, or whatever amount
my said wife may please to give. also author
iEe and empower my said wife to do with my said
estate as s1e may think best for her interest and
the interest Of my dear children, who will and
beQueath to her to be raised and educated and
maintained out of my said estate the same as If
was living; and do hereby nominate and consti-
to all of my said children, and direct that she
shall not be required to give any bond security
stitute and appoint nv said beloved wife nv sole
executrix Of this my last will and testament, and
expressly declare that as such eXecutrx she shall
take possession OF all my said estate without any
Of the fOrmalities Of the law except toreceVe her
appointment as such from the orphans court.
Complainants are advised that by the provis-
tate to his wife for te remainder to his children
their heirs and assigns forever, with power in his
said wife, whom he constituted executriX OF his
will, to alien the same only in case IL became
cessary for the payments Of debts, or TO give to
his children, or either Of them, his, her or their
Just proportion of said estate, his her their
becoming married, or arriving at the age of q
years, should she be so disposed.
That said Margaret, the widow and relct Of
said George Milburn, departed this life in the
year A. ID. 1874, having, previously to the 18th
day of November, 1855, disposed Of all Of said
square, save parts OF lot II therein. That said
Margaret Milburn, executriX as Aforesaid, con-
Veyed the lastmentioned and described real es-
tate to Hollis Amidon one of the defendants here
in, end Margaret, (nee Mllburn,l his then wife,
refers to the will Aforesaid and rectes the powers
Of said grantee eXecutrix hereunder; that said
Margaret A. AmidOn was the daughter Of said
testator, SC, all Of which will appear by refer
ence being had to said d-ed, which is duly re-
corded. That said Margaret A. Amidon departed
this life on the Sd day OF December 1862 intestate
and without issue, wherefore complainants are
advised the real estate sought to be conveyed de-
scended to the surviving Of said tesla
tor, and that said Hollis Amidon, notwithstand-
jng he had been advised that said deed on the
death Of Margaret A. AmidOn, his wife, intestate
and without issue as Aforesaid, became null and
imperative, about the 9th day Of January, A. ID.
1876, placed the same on record. As the deed
Aforesaid may constitute o cloud the complain
ants ask to have it cancelled. To this there was
demurrer.
The case was argued by Mr. Worthington and
Mr.. Hine, and tine demurrer sustained.
Adjourned.