The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-13

, Roman catholic children In that parish. He further
mens Of twelve respectable farmers who arc 70 serve
without pay and be appointed BY the bishop HIS
nna direction In regard to tho school Is that the same
shall be called 1.-The Doherty American Institute :"
Tue nearest OF kin Of the second cousins
and child Of one OF them, contest the WILL An
action was brought for the construction oil the VIII IN
Kings county. In the General Term OF that depart
mcnt there was disagreement as 10 the construction
OF the WILL and he case was thereupon TRANSFERRED 10
the General Term OF this department. where the case
came up Yesterday Tor argument before Chiei Justice
johnson ana Abraham Lott are counsel for Bishop
McDcvtt who was tho Roman Catholic bishop az
the bishop there Messrs. * T. Nash appears Tor the
executor. James J. Garvcy.
The argument IN the case occupied u considerable
portion OF the day and listened 10 with great IN
by the large number OF lawyers ana others pres
eni. II was claimed behalf OF Bishop McDeviit that
the will expresses carefully considered scheme Tor
the founding and Of school IN Ireland Tor
the education OF poor children OF the Roman Catholic
faith, aud that the OF the trust was devolved
upon bishop OF that Cnurcb and that such bishop as
such trustee aided by the equity powers OF the Court
possesses all the quality OF succession necessary TO
perpetuate the charity IL was further insisted that
under the law Of ireland Bishop McDcvtt Is competent
10 take and adm mister the trust declared in tn. will
that alter his death the Will devovc on the Court
OF Chancery which Will appoint further trustees as IRON
ime To lime NAV be necessary In reply 10 the argu
ment bishop take because he can have
successors. 1t was insisted that IT must be proven
that hc can have successors, and especially wbeI
the and character OF the Office he holds Is con-
sidercd. Tho Court takes judicial cognzancc OF
the Christian religion. " It's own Knowledge It
Catholic Bishop OF Raphoe," and that this title repre-
sents person claiming title TO his Office through a
succession OF bishops. The Court must presume the
Bishop OF Raphoe Will have successors certain and
ascertainablc II the Court nnds he have
SUCCESSORS yet the designated payoe under the WILL
he Is entitled to take and execute tho charity so long
he lives, leaving tho question OF subsequent
equities TO be determined whom and where they arise.
II will presume that the laws Of ireland are sufficient
and proper the admin stration OF this charity that
the request rs good under the laws Of Ireland and
that there embarrassment In the case by any OF
tho old penal statutes against tho Roman Catholic
iatb such acts having happily all been repealed
1t was conteDded opposition. Mr.. Chauncy Shaner
Abel Crook. g. II. Baddau ana John 5. Harkin being
among the opposing counsel that the claim that the
maintained; that the devise OF real estate 10 an
alien Is void; that the bishop would not have
been capable OF taking lands directly under
the will that such estate could be created through
the Instrumentality OF power in trust; mat the
scheme TAILS under The Irish law and Is void under the
laws OF the State OF New York.
Tho argument having finally been concluded, the
Court took the papers, reserviEg decision
GENERAL SICKLES' RAILROAD STOCK.
In tho suit brought by General Daniel +. Sickles,
Benjamin +. Stevens, the executors. OF John Bower
and Others against Benjamin Richardson. John A. FL.
WE'LL the Chicago, Saginaw and Canada Railroad Com
pany, Ashbel Green William Bond and others, there
was brief argument yesterday before Judge Law
renee in Supreme Court. Chambers, motion 10
continue the injunction recently granted by Judge
Donohue, prohibiting the sale other disposition Of
8 ga bonds of The railroad company tho claim being
that such bouds have been illegally issued.
At the conclusion oil The argument Judge Lawrence
took the papers, rcscrving his decision