The star. (Cincinnati [Ohio]) 1874-1875, 1875-07-01

F. "A, Tatem:aDd Others in the Common
Pleas Couft, 1t was an action 10 re.
cover for lot of ground Oh Freeman
stiNet, near Poplar which was con-
demped by the city in 1857 for school
purposes. In 1888 1t was conveyed Tor
burial purposes to the plaintiffs prede-
cessors, and was used as cemetery until
1901. The defense contended the title of
the plaintiff was merely that of d quail
ned tee, or right OF burial, or what that
would be worth; and that as interments
were prohibited there under the orai-
nance, they (defendants) were. entitled
TO the whole fund in Court. The Court
held that the plaintiffs We're entitld to
the fund, less the amount OF assessment ts
paid. Judgment accordingly,
Judge Murd0ck Yesterday decided the
Richardson. The suit was brought BY
Lhe plaintiffs to recover the value of q
scholarship in Commercial College, OF
which Nelson q Kelly are proprietors,
and 81 stationery, The Court held that
the action could not be maintained ia
any event against the defendant, she be-
ing q married woman, and sued alone.
Judgment for defendant.
The evidence in the case of John Rich.
ards against the city Is now in progress
before Judge Avery and Jury. The
plaintiff claims that he has carried on a
large coopering establishment on East
Eighth street Ior many years; that In
February, 1872 the city changed the
grade OF the street and thereby damaged
his property in the sum Of $3l, ,50V. The
city contends that there had been no
previous grade on Culvert street, and
bnr nj Iai, fnr do ~
arise as to that thoroughfare. AS to
Eighth street, it maintains the damages
are inconsiderable.
THE BATES WILL cAs,.
Tbs testimony for the defense was re-
sumed. Mr.. Tranchant deposed that in
1870 MI Bates and himself went out rid
ing on the Spring Grove and Western
avenue, and At tnat time he was very
feeble in body but sound in mind,
( Cross-examined-I do not recollect to
have said "JOhn Bates had no mind, and
if i chose could break his will.
On REORGANIZATION Mr.. Tranchant said
that he had never seen any will, codicll
or memorandum Of will 81 John Bates
before his death.
Henry Vallette was the next witness
called, and testified as follows: knew
Bates about forty years; in '62, s63, '64 or
'85 he had a law suitin cleveland. When
he took sick he often sent for me to call
and see him, at which times we usually
conversed for half and sometimes u
whole hour. he always wanted to talk
about his securities, his business and his
property. He wanted to get my opinion
as to stocks and bonds, not as TO real
estate. He knew more about that than
did. noticed one peculiarly of his
character, that he always acted on his
own opinion, but was always anxious TO
get the opinions of others. 1 always
thought his mind WAS clear.
Judge Fox was then called, and testi-
fed as follows: am seventy five years
old; have been a lawyer since 1928,
since which time 1 have known MIR.
Bates. The last will OF Mr.. Bates was
drawn up In the presence OF Mr.. Miles
and myself. The will is all in my own
handwriting. At the time asked Mr..
Bates II thai was his will, he said yes. i
then asked him if he wanted us TO wit
ness it; he said yes. Mrs. Smith. who
was present, said that Mr.. Bates wantea
some alterations to his will, whereupon
she handed me paper. l read 1t over
to Mr.. Bates, and he said that he wanted
the alterati0ns made; one OF them was
that he didn't want his property divided
until ten years alter his death. We
finally agreed that Mr. Smith should be
sole -sxseut0r, vita power 70 isase. II
balieve l suggested him for executor.
Every sentsnce in the will was either
read by or to him. The will OF 1866 was
drawn UP four days before it was signed.
his mind when he signed the will was
just as SQUAD as ever | knew lit to be. i
aOn't know whether Frederioa Adler
was there. Mr.. or Mrs. Smlth did not
ask Bates to say in the will, nor did ne
say, that he would not sign the will; TINT
the will WAS unjust; that he wanted to
please all parties when he was dead.
Mr. Smith did not say '.By G-- you shalI
sigp tine will"
As to Mr.. Gaussen, Mr.. Bates was
anxious to prevent him from having con.
troll OF his wiie's properly; he com.
planned that Gaussen was not in a good
business-that he had beeA q guardian
or Something OF that kind, aud was be-
hind \in his accounts; as to Mrs. Julia
Wood, he said that by her tather's will
she was well off. At one time he also
told me thai Harry claimed that he had
conveyed the National Theater to his
father, and he intended to sue for 1t. He
complained OF Harry, and at one time
semi him East, but word came that he
had broken into safe in the house
where he was staying, and had taken
$l ,00O in bonds, the only property of a
Mrs. Storer. He had also taken other
articles. Mr.. Bates, acting on my ad.
vice, made good the amount taken.
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Real Estate 3rasasfsrs.