The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-06-01
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THE fEDERA7. COURTS Nor TO INTERFERE
WITH STATE JURISDICTION.

I'M EHuSnhH SOgkTS NOT no INTERFERE
WITH STATE JURISDICTION
WASHINGTON, May 29.--Tn the clss Of
Thomas j. Haines, ct a., trustees OF the
Vicksbairg Baptist church, Us. Charles Car.
penter, executor, ct al, appeal from the
Circuit Court for The District OF Louisiana.
Justice Bradley has delivered on opinion.
Celia a. Groves. 81 Madison parish, La.
by her will dated the 9th Of January, 1872.
amongst other things beauesthed to the Bap-
list church In the city OF Vicksburg tho
plantation on which she lived. exert IN
acres which were designated, and expressed
desire that the church should hold it and
not sell 1t, and that the proceeds should be
employed to educate young men for the
ministry. She appointed her brother-in-
law, Charles Carpenter, her universal
leegatee and executor, giving him seizin Of
the estate to carry out the provisions OF
the will and the parposes Of the trust.
The will was admitted to probate on the
10th OF March, 1872, by the parish Judge,
and Carpenter assumed the duties OF cxecu-
tor and took possession OF the estate. The
will III this case was fled in September,
1872, by the appellants as trustees OF the
Nicksbnrg Baptist church, OF Vicksburg, in
Mississippi, a body corporate Of that State,
alleging that said church was the one in
tended by the viii, and charging various
matters Of complaint upon which relief is
sought. The defendants arc--tirst, the ex-
ccutor, Charles Carpenter: secondly, one
Elias S. Dennis. who claims to have been a
partner OF tcstatriN: thirdly, Mary Stout,
Julia TreZcwant, and others, who claim to
he the heirs Of the teststrix; fourthly Rich
ard II. Groves and others, who claim to be
the heirs OF her deceased husband, George
". Groves; filthy, John ArkIein and
others, lcgateeS named in the will. The bill
states that Carpenters unfit and incompe-
tent to manage and control the estate. and
that he lets it run to waste, and asks that he
be removed and receiver appointed. 1t
further states that Dennis has instituted
Thirteenth District Court OF Louisiana
claiming to have been partner OF
tcStatriX, and that large amount is due
him rs such, with a view OF absorbing the
| succession by 4 Judgment, and that the eX-
ccutor is colluding and combining with
him, and asks that they be cnioined from
continuing such combination. 1t further
states that Mary Stout, Julia Trczeyant, and
others claiming to be the teStatriI'S heirs,
have instituted suit in the Parish Court Of
Madison Parish; alleging that the bcqucst
to the church is void, and praying that it
may be declared void, for various reasons,
amongst others rs being uncertain, against
the laws OF Louisiana, and attempting to
establish perpctuity; and that the COM
pialnants answered the petition in said suit,
which is still pending. The bill further
states that Richard II. Groves and others,
alleging themselves to be the heirs OF George
w. Groves, the tcstratriX's husband, have
also commenced suit in said Thirteenth
District Court, claiming that the property
bequeathcd belonged to him, and that
the will is null and void, and praying that
it may be declared void. This bill was dis
missed by the court below, and it is here
held that the decision was correct, us one OF
the things which the Federal courts. are eX-
prcS>ly prohibited from doing is to interfere
with the jurisdiction Of the State courts.
The State courts have full and ample iuris-
diction OF the case, and no sufficient reason
appears for interfering with their proceed
ingS.
In the case OF John W. Buttertield Us.
George Usher, appealed from the District
! Court OF Columbia, the Chief Justice has de-
/ livercd an opinion holding that the decree OF
/ the general term OF June : was not a final
/ one, and hence will not sustain an appeal.
| 1t only disposcs of motion in the case, not
OF the case itself. 1t set aside one sale and
ordered another, but made no final order OF
confirmation. 1t is the same as reversal,
with directions for new trial.