, 1877-06-06
THE COURTS.
SECOND Days Argument Over tho
Ncwbcrry Estate Dlvis-
lon.
Three Large Railway Companies
Charged with Infringement
of Patent,
New Suits, judgments, Confess
sions, Divorces, Etc.

berry ctAte was cohtlnEcu tll day yesterday bttof
Judge Williams, Af lshan. on behalf Of III,
truttccs. continued and concluded his orcnip1
argument, which was confined largely 10 cling tht
authorities on which he relied. lie claimed tia
wben the property was to bs divided, on the LEI
tstoT's death. the class Of rertuns named In tht
viii would lake The property. whether thelr nun
bes had been changed by birth or death. But II 1
life tenancy. or somn other condition, postponed
The division Of tho estate. only the survivors al tlt
tIme Of the div'aon could laY cistn TO any Of tt.
property. It was, therefore. in tho prcsea,
case, 'mposable to divide tho estate, on
account Of the imposslblty Of a1ccrtainlne until
stler Mrs. Newbcrfy's death who were entitled Ia
take, None Of tho heirs could havs any Iutereal
in the estate until after the removal Of Tho eon,n.
gencJ of the Widows death. The class TO take was
contingent, because some might die and othess be
Itnunc!atIon by Mre Newberry Of her rfciits undcs
ihs will set aside The provisions Of the viii ns 10
hs time Of division i set aside tho olher pto1fs:
gtt anythlnR. Moreover. another result would be
70 vlslate the deviae to Tho Public Library. Tia
r. w a q III s ,ss s.t as .s t
a:1Gsa soen saesrns e. f. ,ts, ts aow ;sts
vere that Tho resnanlcr 10 tho ieaatces was 4 ve5i
II a5s' s AIso :oahs,s hst as e @ ws;
Tefe entitled to h1yc q division Of the property
not ssqurcd 70 a "a for ao het dcath IL
before division. Tho testator wished to provide
tes b: vile, then for BY children. and ne5. ior
BIZ other telatlses, and when tho Inst tisnghtcr
ded, tho division ns tho cstAto could b MADE.
7he remuneration BY the wlfa q her support
protected any longer. AID when iho' LAST danghtsf
died tho .only remaining persons to be considered
TeIe tho iegatees @ The question q putting oa tho
sfeId not oecuf 10 Mr EcvberrY, nd va ~ M ,t
ptorldud for. The blll was NIT died to hinder Of
aats .hs Will hs to aSrsnso f. Ths only
t,nc, and that had now becn removed.
Where a remainder was limlied to take effect In
particular estate. tho remainder vested 10 soon ID
s,!.e sea:ed to bs eont|nsent when Tho lit auah.
.e,cd. II thc provision had been that Tho Iegatecs
xere no. TO take until ihey attalncd Tho ago 1t II
~ sse Va. net s su e..a s': ssn
0. Tho contingency accelerated The vestlng Of tho
remainder, md !n.tead Of being obliged to walt
were entitled to thc!r Ahnrcs now. Tho dpctri,n
tsn ysts limited on estate, i the ilta.sstato
held It Or otherwise by operation, OF 1aw,
the remainder was accelerated and tho remainder
%ps esve II, 10 whaa nn te s
Mr.. MccaRg will follow this morning Tor tho
9t ths passtles whe sre entitled 70 take, md 81.
''''''''n' p,vonc,..
Emile oehrke dtcd her bill yesterday against her
hu,bana, John t!eh.ks. eompia!nInR that he Do.
;sa :sted her ~ APRIL lS74. only four months aftor
Ydedereh l'attol accuses hi1 wife, Eliza, Of
marital anldelitJ ~ cause for divorce.
sso1 ebagcs st her s4*S Sn,baud dth ies
asS;s:; i; is:;;;S; vS;s ;s:
s1ss os! M1sss sS granted decree o, a,,o,e. to
sssssstoa: asss ss' from Joseph fss' on tho ground
Judge ptummord !ea7s: ,e. nigh. ,o. Madison to
To-day i default. .;ay in lie sapcsior % Cos;t ss ,,
f,iAay u the last d4f Of service to tho juno term
Of The Circuit ,;s,1HG SoSFt; ,r,4,. co,,n-.
Tic Dsattleboro suyass i;ant eieI !. III, ,,.,,..
,osla sseKnn: nd atrek t. asiso,. 's .essess saes
ei athct, to forccIoso nn" tora: n@mhes
lin Canal Trustces' subdfylsion Of Ses = a1 II
AS: 9Ss ssgs ssss, : F%s5y "y E15ss Foa
Tho Connecllcut Mutuai L9fe.insamSsncc; m ;vC0; Can.
p.ny alel ! b'il aRa!nst Aus1.tus +. Vhsrp I'D %
sass fef :? 9Sf o on S0'i"an' I to fe.eeose
ito loo feet uI tho ". 4 nf Tot H. Isin.i .otn L1
u tho Canal Tfnstocs' Subdivision Of the ". i oi
.tan,aei it. Turril It al. filed three bin. re.t.r,
Ay.-oue against Tho. Illinois Central Railroad
aeasss somtbe9 SGasf s Like ahorS
,ssn:s tas chic.go saakes pany a I'm ri t1htsa
Ssss3 sS;s33 t. H. ass sp.ss sS II
s'sd I'll compel an account 'f tho pF00t' hitherto fo'
,.si:ls, Tsr 'Ss0sa e # issis":o asa nsIen
seaedslcs show she amount ot hs t pfstefrei aesi4 H.