, 1880-02-03
The NEWBERRY ESTATE,
Former Decision by the Supreme
Court Sustained on a Re.
hearing.
The Property Cannot Be Dis
tributcti until After tho
Widows DenlIsc.

There VIVA filed In tho oiylco of tho Ctcrk OF tho
Supreme Curt Mt Springfield yeatnrttay a t,ccs-
ion nilirmIng tho Courts former opinion In tho
caso of Elphalct ". Iliatchfor1l md William II.
nrndtey, Trustees Of tho Nnwl.crry nstato, vs
Henry ". Ncsberry ct al, in which rchcnrng
wns hal Mt tho Jan,larJ torfn. Tho Court did
not i'io nm opinion, hut simply announced TINT
tho oil ono was nttIrtnci. This wns written by
Mr.. Justlcc Sheldon, and fled june "a, 1879
This rc0tllrmnnco rrnhnhly puts M absolute
onl to tho long. continued litigation
Over tho Ncwberry cstatc. and puts m
cn!l Mise to any immediate horcs of tho North
o a 3 t1 sees aS es tbs Sff cy q
would tn nl,!c to get thor tnlicrltn,lcc Within n
reasonable PERIOD NJ. Newbcrry d!ct! lcavInR
caso of tic death oi both withn,lt isso thcn,
lro tho death Of biz wife, tho estate should l,o
.'ly'ded into typ eG1'al rnr!s, one-half g 60 to
secndnnts of his hrothers md sisters. Ono
tiRuEhtcr died i, 1s4 and nnnthcr carly tn 1915.
tn fn UT bis rpI,R nrp,heTs s, an ior neees e t,ietl .
viii 30 construed at to tlcclnro tint tho division
of tho estate shopld tnke plnco thon an not - be
chisf @ point On which thoy rriaI vas that. whcTe
!!fe cstate ia given to any persns, nn.t, at tho
death of TINT person. to n.,oilicr tho phraeo ut
to tho phrase ..'upon tho failure or scrmin4tion
Of tho eatntc gtvoI to" that person. Provision
WI WI l,ale r. Sits: Nowhorry by tto VII. She,
was clai,nctl for Tho heirs that a fntluro Of tho
estate gl'cn her had been accustomed by
HER REFUSAL. 70 ACCErT
tho terms uf tho will Just aa much M II she had
died. md TINT. therefore, tho estate sllnrtd ho
distributed Mt once. The Trustees not merely
denied tho goolncss 2t tue law points; but r.
of 1naking n division ,-the fnct TINT Tho estate
consisted to "a considerable oxtcnt Of land III
which Mrs NGwerry hnAn dowGr!ntcrcs wh!Gt
a!so 3 ~ sllssesd lint tho now iistnF relatives Sf
vi vsstc Interest ia il the @ cste, - thai @ dlvsien
tiepriving of tboir ahnres persons r!ehtfuiiy en-.
existence. For Instance, there wero ut present.
fifteen .!cphcws nna nccrs Of Mr: Ne'*lerry.
and. II tho estMtc wcrn divided now hetwccn
tho tl,nc of The widows denth. three Of t'ioso
sftoen would hnye died, lenvlng no heirs, IN
whfh s%s9 IL tno sso sh1 G d Int o
pon that children wnusa bo born entitled 10 In
icrit. 20 TINT the n,,'nnor nf shares Into which
tho catnta should 30 dlvi'lcd when tho widow
Tic ease ssns tricytt before Judge Williams, in
tho Circuit Court, Mcssrs. Doxter md McCagg
I,iiicnln tho Trustees Tho decision thero wns II,
Supreme Court, which h.is now twice t!ecdesi
aSilnt'ncss Of tho position OF The Tr1lsteea that
TIM term .s,lrytvnK lcsccndnnts," used IN tho
tho peritM or tho distribution, a1td ttnt Tint
prriotl t!l!, not arrive on y CONTINGENCY that has
hnppcned-yiz.: tho d1rath OF the twn daughters
Without ifsue. but could not happen until tho
death Of tho widow.
it Is 10 10 regretted that tho Public Library,
for which Mr.. Egwl'crry provided. cannDt ba
established ct nnce, and these contingent heirs,
rnar)y MI 0f whom nro poor. nrp doubtless In
clch 10 feel little uneharftab!y towards Mrs,
Ncwhnrry for living 30 long. and to ren,ctnber
fr1t 1,ntp
DEATH Is TO liz DEs1RED
than nro whose eSistence should be prolonged
1t IL customary for ti0waHers, and nnnuitanta
and pensioners to 1.-Two forever. Hs ncarly ns
1nortnity i. cupnhio Of, mud It Is hart,ty probable
TINT btrs Nowherry Will prnvo any exception
to thu r1llc. ln tho meanwhile, however, tho cs-
into, which has lncn roughly esti,natcd ut ST.
| 0o0,n0o. Is growing In valiio NIL tho timc: The
rcal estnto which colnr0ses o part Of It is i'm.
| proved or improvlnE, md ta yielding large
royen.i,. t. Is Il tho hands of M mon M Ct honest5
| far unnthgr decade, tho sum which tho l'nhlit
Lihrnry will t1Eyc ns startcr ought to cxccIt
f1O010CO.