The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-25
Contested WILL CASES. |
OWE SrIT INIT GREW OCT or THE
loss or THE SCHILLER.
Intricaci's Of the Law FNpoundcd by Eight |
LAWYERS Before JUDGE Nnn Norst-A |
Tnnglc in Mhirh MnnN nre Infcrcaied.

Intricaci's Of the Law FNpoundcd by Eight
LAWYERS Before JUDGE Van Norst-A
Tnugic in which Many are interested.
Eight lawyers were ranged before Judge
Van Worst Yesterday In the suit OF Samuel
Newell executor, &C.. against Joseph Rigw. "
and others. Mrs. EN- lbctb ". Walters died u
1870, leaving two children, Mary Il. and JOSEF
r., and her husband, Charles ". Walters. She
left a will creating three trusts. The income OF
one of these Of $4,000 was to he paid to her
bush md during his lifetime, and, after his
death, the principal was to 90 to h'r issue then
living. or, If there were none. then to the heirs
Of Frederick a. Ridgwav. The income Of
another trust Of $i5,01D was to be paid to her
daughter, May Il. Waiter, during her life. aud at
her death the princiDal was to 20 to her issue.
In Sc Of her death without issue II was 10 20
TO the issue of her brother, Joseph X. Walters.
But = Gould both die wttnOut issue, then the
rnciDai was o. 10 to the heirs VI john Gum
and H1nry Gum.
dren were lost In the steamship Scnilier, on tho
seillv ISLANDS, ABOUT three years ngp. Mr. New
ell. Chicago lawyer. tho sIrViviug executor.
sues Tor a Judicial Interpretation Of tue will.
bx-JudRe Fullerton. IN his Deh al, produced ON
the stand one OF the sixteen survivus ~ the
wreck, aud he testifi ri tn the walters family
we're nor among the sixteen = we'd. and tna tes-
tnun' was oOrrOOOfdted Oy that Of another
survivor.
II viii be seen that under the will everything
depends upon the question u survivorship Of
ished.
Mr.. Genet, who appears for the heirs AZ law in
opposition to the viii, contonded that the g So
- govern a by tho Engi Il common law, lhat
there being no slfyivJr-nip, the will falls Ito
getuer, BECAUSE there il No pre-utnn tion that
one survived tne utncr, nut the presufnn. ion IL
That all died ~ the same time; cut. on ths other
mana, there l. no IruOf That ne uid not survive
the other; ana nc cited u i1lisn cases, IN one OF
" zen the house ~ l. ,rds decided tn I under
-ncn circ instances the VIII was void, anu the
property must 70 to the heirs at law.
Mr.. lel,rr, In benaif OF the heirs OF John
Hunn and iicnry Gum admitted mat the case
u governed Ivy tho common law. He held that
Il on ne death pf the leg tees the presumptiOn
pttng that they all died at tue =, ne time, aud
there being nu issue lett by either Of the IN, ee.
then under the viii the trust HOes to the heirs of
tue hidRway- ana tue Gums. lie pointed out
thht IN toe case cited ~ the English House Of
Lords the tcs a'Or die1 IN he same calamity
with the leg1tee. whereas here the tcstatrix died
tnr, Years teiore the iegiter-. lie produced an
Enxlsn So where u the court neld tLat man
having insured certain goods before $ .ilIng with
tucm for India, his lugtte, COuiu not recover
the Insurance, because they could MOI show
that the testatOr uerisned inst; aud ther. fore
the money must ne pad 10 tue executors OF tue
tcsid .ry estate.
OF Charles ". Wal cis's death the cniilren sur
NiN'd ma then The trust OF 5000 vested IN
III I'm. ", h'weV %. tns Il la " h.s dean,
either Of tho ruii ircn were dead. then ths sur
vivor would take the 1900 ausoluteiy. II tue
thlllrcn iirfisnrd Il 81, dud he survived. tnen
~" $4,000 must - to thc ch. ldten Of Frederick
a. htdgwaY nd others. II the srdnumOtucr,
VI ~ HIGHWAY, aul AlNCu {. e Cuild c.. they sur
NNinK tutir tIthtr. IN she would Ike TIC
money under oar ~ .tufc ~ thet grandmother.
ANA sue wuulu uO-I WnctlSr edcn 81 tue chm
at, dleu a. tio sa.Ic Instant, or one survived
Tue Otttr Ia case an four are 70 10 deemed t.
nave ueushcd at tne same iust ut, tnen tue
81 ~ mast 20 10 the resi- IuNy lcgatees. tue
Cuuorcn o. F.cderirN 4. Niugway and Others.
J.. however. eituur u the children took Tue
81 UD ana 81 Nivrd tue grand rutner, tuen tue
SJOOJ must - - tuel. ucxt OF kan under the
-shtpte.
rs to the tijCo) trusts, II Hary Il. rerlshed be-
lore her ,fo n,r, leaving no issue inI suv was
uniy nine We r. Oiu). tuc $1,000 must 40 10 tue
mel OF the ies tAf"f-n .uely. 10. IN r.; md IL
joseph Il. peri,uvd after SialV r.. aud T. hi ;
.tu'r suryiying. the ft.heT iuld take 10 surxJ
-, Nin Of his deceased son. II neIatner did not
survive Juscp1. thea tie $1,000 nust 40 70 tue
htlfs Ut Trederlck \. RID W.. uud utuers. Inc
other slatm trust mus, take The All course a.
tue hrst - med, iafU "a. hiHfIHiiS Ia tue aD-
sencc OF IL pro. I ol aursiyuf3.ip, the paTtie,
would neld To nave p risu"d ~ che same IN
STAN. and there would Ue ~ -nrNivnr-nip. Hutn
father nud chiiifcn having dicd. .caytug no ueirs
,heir body. and there ncing no heirs Of tns
body II the testattiX, tue ptopert, must 20 10
the rrsiduarv legatcc-.
Judge N.n worst Iok the papers and directed
that each Of ire c.cht LAWYERS m ms rem rKa-
be case OF surV'yor-nip furni,I nm and eaen Of
tue others WITH "a cooy Of his piicf.