National Republican., 1883-08-25
LIE GAL MATTERS.
More suits Against the Baltimore and Po-
tomac Railway Company-sevcral Wills
FIIed-Other Items.

More suits Against the Baltimore and Po-
tomac Railway yCompRny-sevcral walls
FIIed-Otber Items.
A bill in equity was filed yesterday by T. J
Mackey, esq, as solicitor of Mrs. NJ. Brown,
to set aside the sale of her house and lot, No.
1910 street northwest, which was sold OH
the thirtieth of June of the present year under
a deed of trust given to the Freedmans Saw
ings and Trust company. 1t is alleged in the
bill that such sale was made without compli-
ance with an express condition of the trust
deed, which provides that the premises shall
be sold "after at least ten days notice of time,
place, and terms of sale by advertisement in
one or moro newspapers printed and pub
lishcd in the city of Washington" whereas
the sale was made after advertising for only
four days. 1t is contended in the bill that the
true meaning and intent of the clause of the
trust deed cited are that tho property should
be advertised for ten days. The point is a
new ono in the courts of this district, and as
the practice has been to regard an advertise
ment made ten days before the sale, and ap-
pearing on two or three different days, rs a
compliance with such u requirement in deed
of trust, If this sale should be set aside on the
ground stated, it will doubtless lead to a
multiplicity of suits to set aside other sales.
Judge Hagner has granted an injunction to
restrain the purchaser, Mr.. w. B. Moses, from
dispossessing the plaintiff, Mrs. Brown, who
refuses to vacate the premises.
The will and codcil of the late Charles
Weaver was filed and proven yesterday. In
the will the testator leaves all of his estate to
his wife during life; and after death to be di-
vided between the children. By the codicil,
in case the wife shall sell the property, she is
to hold all of the proceeds for life, and after
that they are to be divided between the chill
dren.
Tho last will of tho late Benjamin F.
Grafton was filed with the register yesterday,
admitted to probate, and record and letters
testamentarv issued to Virginia A. Grafton
on giving bond in the sum of $4,000 The
testator appoints his wife executrix and
leaves his entire estate to her. In case of her
death Edward Mcpherson, of Gettysburg
Pa, is designated to act and serve, Also as
guardian to the children. If he is unable to
perform the duty Judge Benjamin f. Jenkin,
of New Bloomfield, Pa, is named.
The will and codicil of the late Samuel G.
Kirby was filed with the register yesterday.
The will is dated Feb. 49, 1888, and after the
payment of oil debts and funeral charges di-
rects that the testators property, consisting of
houses and lots in this city, shall not be sold
or disposed of for ten years after his death,
but shall be rented, and tho rents threefrom
applied to the payment of theseveral bequests
hereinafter made, during the said term, and
on the expiration of the term the property is
to be sold and the receipts therefrom, after
securing the bequests to Helen r. Kirby and
Samuel Ct. Kirby, ST., to be divided pro rata
between the several heirs of the testator then
living. To his daughter, Helen r. Kirby, the
deceased leaves $500 yearly during her natu-
raj life, and u set of elm wood furniture of
eight pieces To the sons, VIM. w. and james
A. f. Kirby, is given s. each. To Samuel G.
Kirby, ST., another son, $500 yearly and for
during his natural life, and the gold watch
Williamsport, Pa, a granddaughter, $780,
To Mary V. Kirby, Emma f. Kirby, Clara j.
Kirby and William A. Kirby, Martha ClaX-
ton, Annie j. Dinike, Samuel G.. Kirby, jr.,
Laura V. Kirby, Arthur F. Kirby, and James
+. Kirby, all grandchildren, $4,000 each. In
case the income from the estate should be in
sufficient to pay all of these last bequests,
then the executor is to make a pro rata de-
duction therefrom. In case any difference
or dispute, question, or controversy shall
arise concerning any gift, bequest, or other
matter in the will given and bequeathed it is
the testator's wish that no suit at law or
equity be commenced concerning the same,
but that it be referred wholly to the deter
mination of the testator's esteemed friends
(Messrs. George M. Oyster and Walter w.
Drew, and their decisions shall be binding
and conclusive.
MIR. Arthur B ClaXton is named as sole eX-
ecutor of the estate.
The codicil is dated June Is, 1888, and
states that being desirous that no question,
dispute, contention, and litigation shall arise
in reference to the testators intentions and
desires as mentioned in the will, the testator
directs that all and every obligation of in
debtedness to the estate on the part and be-
half of his sons, Wallace W. Kirb y, James A.
+. Kirby, and Samuel G. Kirby, and grand
daughter, Martha A. Caxton, for board,
clothing, loaned money, tuition, &C., shall be
Cancelled, and each and every gift, bequest
and devise unto the sons and granddaughters
shall be given and paid unto them respect
lively, free and clear from any Ind all claims
whatsoever which the estate may have against
them.
There were two more writs against the
Baltimore and Potomac railway entered yes
terday by Messrs. Hine, Hagner and Mad
dox. One il filed by James II. Johnson, who
claims damages to his property on @ street,
between Seventh and Eighth streets south
west, in the sum of 1000. The other is flied
by Charles b. Church, who claims damages
to his property, situated on Eleventh street,
between G street and Maryland avenue south
west, in the sum of 100000
In the case of William p. Copeland against
Commissioner Joseph Il. West, Justice Hagner
yesterday made an order that the complain
ant or his counsel file with the papers in the
case the draft or pretended draft upon which
the suit is based
Mr. John +. Riley, who was appointed to
take testimony in the divorce suit of John III.
Lewis VS.. Julia T. Lewis has returned tn Q
deposi tions of the witnesses for the COM
plainant, the defendant not responding.