The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-18
MISS DANsER'S WILL.

Thomas T. Jeremiah, executor Of tho Will Of Mary
u. Danscr yesterday obtained from Judge westbrook
IN order to show cause why mandamus should not
ssue directing Surrogate Calvin forthwith to make and
his minutes his decision concerning tho sui-
cheney proof and validity OF Miss Danser's will,
no has already made deceion and II has
srcaay decided shall decide haS upon the proofs
taken II appears to hun That such will was July
cuted that she competent to devise her property
aud under restraint, then why he should not be
compelled forthwith to admit the will 10 probate
svor requested Tho order to show cause was granted
npon the athcAvit Of Mr. A. X. Dyett, who states
im0ng other things that tho Surrogate has discre
zion in matter aud that this whether he has
Or has mol power and jurisdiction the application
81 the heirs a. law ana next Of kin to pass upon the
validity OF the contest and objections TO the bequess
and further, that he has power TO determine the
last named contest Tho order TO show Is made
foturnabis on the 23d inst.
A HOTEL DECLARED A NUISANCE.
Mrs. Fanny E. Musgrave has brought suit for In.
Junction against William Sherwood, and the matter
same up Tor argument yesterday, before Judge West
brook. IN Supreme Court Chambers. The plaintiff in
her affidavit, complains that defendant sold In
1874 OF four dwelling houses owned by him on
Filth avenue, between Forty.iourth and Forty-htth
streets: that ut the time bought house the
iendant agreed that the adjoining houses should DO
used Tor other purpose than dwelling houses, which
was the principal ,nducement to purchases that. dis
regarding bis promise. he has commenced TO re-
model The adjoining houses aud mas united them to-
gether as hotel, which he calls The Sherwood
House. the building Of which avows Is nuisance
and prejudical 10 her comfort, and contrary the
true interest OF the agreement between them. She
claims TO DO greatly damaged and asks the Court to
coutInue temporary injunction already granted
strainicg tho completion OF the work. Mr.. Sherwood
alleges, on the other hand, that agreement
made and that he has right his property he
it, he soys, further, that II nuisance and
that tho value OF HIS properly 10 being greatly depre
eiated by this Injunction and asks tor dissolution.
Judge WestbrOok alter listening to the argument
some time, Anay adjourned the further hearing until
This morning
CONFLICTING STATEMENTS.
rather curious case 10 regard least the con-
hct.ng statements made IN the matter, came up for
argument yesterday before Judge Westbrook. Tho
argument a motion tor q receiver and to con-
tinue injunction IN The SUIT Of Rudolph Hospcn
Against Spencer Sanderson Paul Burger The PLAIN
ill., furrer IN Lepsc claims that In February 1876,
that lately, upon the statement OF Mr. SandersoD, he
this couutry aud found that Burger had with
out authority helped himself largely to the goods OF
the concern. A preliminary Injunction
Gently granted restraining any further disposal OF
the goods store. Ii rs claimed by the
Defendants that they partners VI tho plaintiff
such partnership having been entered into for three
years which time does not expire until february
Dir. Simon Il. Stera appeared for the motion Mr.
william Fullerton In opposition IL was stated on
iu eetting married and 10 furnishing house for his
briao. On the other hand, stated that he had
not expended dollar when did not belong to him.
And " was further averred that Mr. Sanderson only
had his books wnen no commenced his business. The
discussion between counsel was both sharp and acri-
inouious. II finally terminated by Judge westbrook
allowing tho cusc TO stand over ono week enable the
plaintiff to Introduce proof as to new matter.