The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-05

Andrew Mills, John Kelly, CHARLES r. Ciiiwn, Rev.
srs 10 designate such religious and charitable nsttu
items 10 in their opinion may be most deserving 10
aud agreed upon the following charities tho moss
worthy recipients OF the beqqest:-The Nursery spt
Widows, Manhattan Eye and Ear Hospital, Homo Of
Rest for Consumptives. the Nuns OF the Order
Asylum, ST. James CHURCH for the Indassriai
Esn H aos. lS 20, aSSraSs Hom the a.
the Aged, New York Ophthalmo Hospital, Sisters Of
the Poor Of st, Francis. the Samaritan Home for tho
Aged institution oil Mercy for ST. Joseph school tor
VINO were left unprovded ior Tho executors APP
pointed under tho will wcro George W. Duer, Chief
DAILY, however, never qualified suon executor. The
SUIT was brought In friendly spirit II claimed
Was void ana that the residue Of The estate should 70
TO the next Of kin, and in there should be next
Of kin, should become bona vacantia, Or, 10
other words, tho property OF tho State.
Judge DonoGuo yesterday gave his decision In
tho case, when directs the estate to DO divided
among she societies above named The amount TO DO
distributed 10 some $4,000 Among tho specific be.
quests Of Mr.. Kelly. i VIII DO remembered was one
the distribution yearly OF gold aud silver medals 10
the most deserving pupils Of our public schools.
RISKS OF GIVING BLANK DEEDS.
i Philip II. wiedarsum gave = blank decd 10 ono
Rudolph johnson, late owner OF the Congress HOTEL
Chatham square. Tho decd Tor fourteen lots and
that this decd was executed by Philip II. wedar.
sum, but by Philip II. Wiodarsum, son of Philip
H., and for that reason forgery and fraud Tho
deed is also purpored 10 be signed by Maria Wedar
sum. the wife OF Philip i. johnson claimed that he
received consideration but refuses either deliver II
up rcconvey the properly. Mrs Wiedarsum has
accordingly brought sui; 10 compel q recon-
voyance and 70 have the whole trans
action declared nu and void. Sho states IN her
plant that snc was the owner Of the property Ques
lion, which was valued at $l5 000 that tho defendant
Is real estate broker, and such received IRON her
the property Tor sale or exchango that no stated TO
sary, IN order 10 make proper exchange o The prop
crty, that decd should be executed TO HIM, and that
relying upon such statement, she joined with her hus
band In executing such deed the dcfend an she says
IN selling the property She then demanded return
OF the deed nch refused and he still, she alleges
refuses either TO deliver the doed or rcconvey
OF tho same, but has irauduienty conveyed
tho property TO his brothern-aw, VINO paid nothing
for 1t and Is not ~ responsible man, wherefore she
demands judgment Tor 81, 600, the alleged amount
OF her damages The sets up that tho defond-
Ant received the dced but denies that tho same
sum or Maria Wiedarsum, that either
OF them appeared before notary public
and acknowledged the execution OF tho deed
that Philip T. ia an infant under the age Of fourteen
signed by Philip Il. Wedarsum, tho fathor Of Philip
r., and tho husband oil the plaintiff and that tho
10 forgery. Tho defendant arrested aud held TO
bail in the sum OF $4,000 and The case came before
q motion 10 vacate the order Of arrest Juuge Sedg
wick set the motion down Tor hearing to-day and
further evidence. Meantime tho pnpers viii be sont
before the Grand Jury tor examination tho question
H. d w. l. Vanderzee appear Tor tho plaintiff and Mr.
George W. Gibbons Tor the defendant