, 1877-04-08
The Nephews, Nieces, and Cousins
Want Their Shares.
And File Bill Asking the Court to Compel
tbs Division.
The Trustees Demur and Say the Com
plainants Hare No Cause,
As the Will Provides for Division Only
on the Widows Death.
EXPLANATORY.
THE TRIBUNE PUBLISHED

vetterlay the announcement OF the fact that bill
wen]a be fled in a few days by Mr. Win Dexter,
ssa,n ~ r. ,,n,,osa -, oh+,;,;n. coas+rrct1or
ettafe' iof the purpose ot on1a'n1ng construction
Of the vi" in order TO see II the estate atse or the
~, frrrr. he;rs -the prh1;c r ;brorv ,nd ,ba do
Inv t"'e 49, N.' Aus -.
aeencan1s OF M Ne"oe'ss orothess anu s'stera.
The will states that in case OF the death of both OF
.he two daughters of Mr. Neyberrv without issue
Loving tbe,r urviy,nr rhe estate shall mt
be divided until the death OF Nrs~ Newoerry. The
heirs areso want OF money. Mrs. Newberry is still
alyc aad In good tcath, with prospect OF remain
Ing 30 'of 'nAay anu TUG oolees' therefore, II
to procure Tor The heirs, II possible, some lmmedt-
ate share in the estate or Its proceeds.
neoorter Yesterday called nnon Mr. Edward 8
-. -. .o..sai -, 49,. ...,s,ans Ta-..s
isnam 'ae eo1nse! u Tue t'"s'ees' aesses"
D!atchford and bradley, :or the purpose OF learn-
ing what he had to say upon the subject, and was
ro7tnno.e enonch tn oh,an fror, hin, ;nfo-rn.rfon
s:sa Hn,s 49, 49,. .,sara. ~. 49, ttn,
"a'cn pu.7 lne "1t'c' II c'elet nsu' Iuau t4lal
In which It Vas presented by yesterdays article III
TEE TRIBUNE. Mr.. Iaham stated that the bill
which had been nrenarcd tx NJ. neyter was ou,.
which in lts or the facts unon which the
"nn' ~ 80 1917 ~ ~ 's upul ~
self and asscn:ed to, and that he had prepared a
demurrer which was to be flied at the same time
10 .ua' .us .l' "as' .ue ,.,p .e. p1@. ~. ,;ar
'ne f1sn1 OF Inc eompfa'naats 10 LUG fe"ea
prayed BY the bill, and calling ios
tecision OF the mixed questions Of law involved.
The bin asks in brief that tte Court SO co1strut
the will az to allow OF an immediate division .he
estate between ID: Public Library and Ms. New
berry Is relatives: that, ii that canno, be done,
division OF the iacouc be made; and that. il that
il impossible, some action OF the Court may be had
whereby provision NAV be made for the support Of
The hers It is the opinion OF the trustees and Of
their counsel that OF these things can be done
in view IT The unambisuous wording Of the will.
That provides that there shall be no division until
Mrs. Eewoerry's death, and that those persons
shall inherit VINO arc the then surviving descend
ants Of mr. Sewber1y'e brothers and sisters. 1t is
difficult to sec how The Court can decide that
Mrs. SeEberry ia now dead when she is Tot
dead, or how it can determine that The
persons who are now the surviving descendants OF
Ar Newberryfs brothers and sisters will BE- the
ones who are surviving 1t the time Mrs. Newucrry
dies. II would apparently be assuming grave
1esponeibiit TO divide the estate, or the income,
szpuns those now alive for IL i, were to happen
Tint, Of the eighteen now living, dozen or more
were to die pr,ot TO Mrs. NcWberry's death, then
those suryiyiug he- Uucr she did die might appear
70 have been deprived OF portion Of their in