The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-21
A LITTERATEUR'S WILL.

Tho will OF the late Edward Isidore Sears Ii. D.,
editor and proprietor OF the National Quarterly Rerec,
has been offered for probate and contested by Tho
heirs at law and next OF kim Mr. Sears died in Dccem
Der last at the Grand Central Hotel leaving widow ard
several heirs at law He bequeathed TO Manhattan Col.
lcgc, his library, consisting OF 900 volumes in
languages-ancicnt and modern, each volume TO have
his name conspicuously stamped printed thereon,
and all his philosophical apparatus and instruments
He directs his executors to expend from 5000 to 900
the erection OF his monument his lot in Green
wood Cemetery, to be Inscribed with Latin epitaph
composed by himself To his brother Mark Head Con-
stable Of the Royal Irish Conslabdary, he left his
stem winding watch and ring, with the arms ana
motto OF his family engraved thereon,
together with other articles oil personal jew
elry. HIS diamond ring and breastpin,
together with his furniture hc leaves to his wife
Caiharinc Irvine Sears with his Interest in tire Re-
rietc TO be con nUcJ by her All his real estate,
sistng OF the brown stone houses and lots No.
244 East Forty-ninth street and No LOG East Sixty
lst street he devised to the trustees OF the Manhattan
College 10 maintain Latin proessorshir to be called
The oscars Proiessorshp," aud the Trustees d.
rectcd TO pay to his widow an annuity OF $1,000 per
annum, the same TO be IN lieu OF dover. The cxecu-
tors named are Rev. Brothers Patrick, Paulan and
Anthony, OF the Christian Brothers, and DR.. ID. A.
Gorton and the testaors widow exccutrIx. When tho
will offered Tor probate the heirs at law and next
OF kin-sarah Currap, Marx Sears ana Mara
Sears--flcd objections thereto the ground
that the will was invalid, it having, as they
allcge been procured through fraud, circumvention
undue influence aud coercion the part of the
trx and other persons unknown; that the cstator
not OF sound and dlsposiDg mnd that he devised more
than one-half OF HIS estate TO literary and charitable
purposes contrary TO law aud that the devised
10 Manhattan College greater than the institution is
allowed to hold. The contest begun yesterday,
before Surrogate Calvin on the part Of the heirs mt
law when some preliminary testimony was taken
The contest promises TO be u prolonged one, and
great deal OF interest appears TO be felt as TO the result
THE ALLEGED BELGIAN FORGERS
The of the alleged Belgian forgcrs, Jean Bap-
iste Henri vendorvcpen and his wife, nee Jeanette
Damas, which was brought before Chief Justice john
son, in the United States Circuit Court. writ Of
habcas corpus was yesterday decided SO far US the
dismissal OF the writ is concerned. The accused
arrested Goshen, Ind, on n warrant is
&. White on documentary testimony fur
nshed by the Belgian government OF
which country they are citizens and spplica-
ton founded thereon Tor their extradton
after their arrival in this city they were
brought before Commissioner White, who, upon
the aiIjayits and evidence presented Court,
put them on their defence. The accused
then taken on habcas corpus before Judge johnson and
q made Tor their discharge which was very
ably argued by ex-Judse William ID. Shipman on the
ground that tue treaty provisions OF 1874 by of
which they were arrested did not reach the case; that
the alleged offence was committed PRIOR the ratira
OF the treaty, and that the treaty
only IN cases OF murder and arson. endorvclpcn
his wife, IL will be remembered, arc charged with the
forgery OF post obit amounting to JUO, 900 francs
chargcablo to the estate Of the late Baron Acosse;
after their failure the gcnuincness tho
document the courts OF Brussels, and, alleged
when criminal proceedings were about beng instituted
against them then they came 10 this country where
they we're arrested and Proceeded against stated.
Judge johnson IN dismissing the writ says that the
alleged offence comes within the provisions of
The treaty botn 10 time and substance; the
treaty having been ratified Apil 80, 18Th ana
the COMMISSION OF the alleged offence was ON
and after May !, 1874. With regard TO the
functions or the Commissioner extradiiion cases
Judge johnson suys that the jurisdiction OF the Com
missioner IS complete when the prisoners arc brought
before him under the statue ana treaty. II he de-
cares the evidence sufficient TO sustain the charge
must certify the same 10 the Secretary OF State 1t IS
the duty Commissioners 10 Judge OF the evidence,
and neither the duty nor the power TO review his
tlon has been conferred upon any other judicial officer
II IL appeared to the President upon review OF
all the evidence that the charge Is not sustained he
can sctAf he prisoner liberty. The VIRUS dis
missed and the prisoners rcmanded TO the custody
from which they we're taken
THE TRINITY CHURCH LEASE CASE.
In the case OF the trustees Of Trinity church against
the (rccr.Turncr Sugar Refining Company submitted
by the Register in Bankruptcy TO Judge Blatchiord
and reported exclusively tho HERALD OF Sunday last
decision was rendered yesterday. Judge Blatchford,
on the points submitted TO him, with argument OF
counsel on both sides, says:-"By the terms Of the
Is not assgnabc without consent OF The lessons
do not see how the Court sell IT, and under the
,lrtum ST anccs no one would buy the building II the
Iourt should undertake sell Moreover, II seems TO
me- that by fair construction of the lease Inc essccs
had no right to the building unless the Sround
rent was all paid, and that therefore, me
cs sors had virtually lien on the puiidlng TOT
Inc ground rent. Tho ground rent, already
vast due s over $4,000, reckoning taxes ana water