The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-10-09
LOCAL MATTERS.
a Famous Suit.

LONG LITIGATIUN-THE LAWS DELA1s
MAKE AN 1SsoLvENT ESTATE WORTH HUN.
DREDs OF THOUSANDS.
There will be-sold on next Monday, 18th
instant, by Mcssrs. Grubbs & Williams,
auctiouecrs, for Judge W. w. Crump, Will
liam L. Royal, Judge FL. q. Marshall, and
A. l.. BouIwLrc, commissioners acting un-
der decree OF the Chancery Court, the
beautiful building lots at the corner OF
Fifth and Franklin streets, and the lots at
the corner of Sixth and Main streets, pro-
perty belonging to the estate OF the late
james Brown, which has been locked up in
a chancery suit for the last forty years.
This is the end Of the famous case Of Brown
Us. Burton.
The sale OF this property recalls the Incl
dents OF what has been the most yolumi-
nous and protracted litigation that ever
took place in Virginia.
About 1894 James Brown and Robert Bur-
ton became mercantile partners in this city.
They did an enormou, business here and at
a dozen other places in the State-at each
one OF which they had separate house.
Their business comprchended almost every
branch OF merchandising. In 1901 Mr..
Burton married Miss Braddick. In 1906
he died, leaving his widow and two sons
to wit, DR.. John Burton, now living in
Scotland, and Robert Burton, Jr., who
dieGi childless in 1887. Mr.. Burton left his
property to his wife and these two chill
dren, and made his partner. Jlmes Brown,
his executor. In 1907 Mfr. Brown married
the widow Of Nj. Burton, and from this
marriage there were born six sons and one
dlu2htcr. All Of these sons are now dead
except Geol &C l.. Bro u, OF this city. and
A. Spiers Brown, OF \ wv York. None OF
them left children or widows. The daugh-
ter married Mr.. George, Of this city, and
she is now dead, but she has four children
still surviving her.
Mr. James Brown lived until the year
1SN. When he assumed executional man
agement of Mr.. Burton'S estate be failed to
record any inventory OF it, and no account
OF it was ever taken up TO the time OF bis
death. He continued the business That they
had been engaged in both here and at the
various other points in the State Where they
had houses. Later in bis life he met with
serious reveIscs, 20 that when he came to
die, in 1871, his estate, after paying his
debts, including his liabilities to the
estate OF Robert Burton, would have
been wholly insolvent. After his death
his executors. who were two OF his
sons, were met with the appalling
state OF facts which is set out above. IL
was necessary that they should find out
what his estate owed to the estate OF Robert
Burton: but in order to do it they had to
90 through the mazoS OF this labyrinth with
out clue or thread. 1t was necessary that
they should find out what had been the
value. OF Mr.. Burton'S interest in each one
of The many houses that the firm ran thir-
ty-fye years before, what losses those in
tcreSts had sllstaincd1n the way OF the busl-
ness, and what accretions. The task was
truly an hcrcucnn one. They then COM
mcnced the suit OF Brown Us. Bur
ton, which has been to the Court OF
Appeals no less than five times, and the pa
pcrS in which would fill an ordinarv-szed
room. The suit dragged along under all
the difficulties naturally attending such Il
litigation until report was made in 1t,
since The war. by Thomas It. Giles, OF this
city, which will compare favorably with
any piece OF similar work that ever was
done. Mr.. Giles, with patience and an
acumcn that are simply marvellous, p!oducd
through the thousands of pages OF ledgcrS,
bloltcr>. and day-books that the business
presented, and ilnaIy evolved order out OF
the chaos. Out of the many exceptions
which were OF course taken TO his report
the Court Of Appeals failed to sustain one.
The last time that the cause went to the
Court OF Appeals It was taken there by
William l.. Royal! rs counsel for y. SpicrS
Brown. When Mr.. Brown married the
widow Burton he entered into marriage
contract by which he covenanted that after
his debts were paid there should be raised
from his estate the sum Of 100000 currency
for the issue OF the marriage, to be held by
them Gas tenants in common with benefit
of survivor>hip." Mr.. Royal contendctl
that this fund was to 60 TO all the children
of the marriage, and rs one died his share
was 10 60 the brothers and sisters that sur
vived him, until there was only one child
left. who should take it all. This would OF
course have cut out the children OF Mrs.
George. The Court OF Appeals decided The
case against him. There is an elaborate re-
view OF the judgment OF the Court by Mr.
Royal in the July No. Of the Virginia Ldu
Journat- 1879. The lawyers regard the cast
rs Il very interesting one.
One result attending this p 'otracted lit@a
ton, which is very unusual, deserves no.
tice. Mr.. Browns estate was wholly insos
vent when me died. Nevertheless, it ha:
paid of all his large debts. and is to-day
worth from Sl50.000 to S200.000, to be dl
vided amongst his heirs. Whilst the pro
pertv was tied up in this tedious chanccry
suit it went on increasing in value, espe
| cial!y some bodies Of lands lying in Ken
! tuckT, IL! It is now worth mary time:
what it was worth when Mr. Brown died