Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-03-25
The Orphans. Court.

Yesterdays session OF hhe 0fphsns'
Court was consumed in considofin ~
CASE of Samuel Morrison vs. ThOm as
Morrison. The txceptauts were repre-
sented by Anthony Higeins, Esq, and
the respondent by John II. Rodney,
ESQ. This case was On objection by the
exceptants TO the return Of Thomas
Morrison. executor OF the estate Of
Martha Morrison, In which he filed no
inventory OF the personal property,
claiming that it was owned BY him In
Individually. This was resisted by the
exceptants. who contend that Thomas
had NO claim on this property, as he
had previously received large amount
|of personal property belonging to the
estate Of John Morrison, In which
Martha Morrison held o life interest.
Levi g. Fisher, Aaron p. Shockley,
William Smith, James Gilmer and
John Morrison each testified, and their
evidence showed that John Morrison, q
blacksmith and . farmer, died in 1856,
leaving an estate with considerable
personal property for the use of Martha
Morrison during her life. Her son,
Thomss Morrison, lived on the farm
and took care Of her. When horse or
q GOV died, or . wagon or farming
implement wore out he replaced It at
his own expense. When Martha Nor
rison died, Septembsr 10. 1872, IL was
claimed that nearly ali the old personal
property had been worn out, and that
that remaining on the farm aud sold at
the sale was the individual property of
Thomas Morrison. On the other hand
the exceptants claimed that he, having
the use Of the property, was bound 70
replace It for the benefit Of the estate.
The witnesses detailed at length what
they had bought at the sale OF March
10, 1884, and some were identified rs
having belonged to John Morrison 10
his life time. The day was described
as q very bad one, and 1t was stated
that the stock sold high, for COWS were
high that year, but the farming imple-
ments sold low. The whole amounted
to from 81, 200 70 81 500.
After the hearing of witnesses had
commenced, Mr.. Higgins asked leave
TO amend his bill Of particulars by ad.
ding the word cows, on the ground
that the work stock might be construed
not TO include them. Mr.. Rodney
strenuously opposed, on the ground
that there was no right to amend after
the hearing of the cause had com
uouCou. Ino court beiu ne nau never
known of an amend ment after the trial
Of q cause had commenced.
The case was held under advisement.
The court fixed 9.30 O'Clock this morn
lug as the time for bearing an applica-
tion Of Benjamin Nields, Esq to su-
percsde writ In lunacy In the case Of
Esther Stroud. The Security Trust and
Safe Deposit Company was on motion
of g. A. Macallister, Esq, appointed
trustee OF the estate OF Theophilus
Jones, vice R. II. Robinson, deceased, +,
and Register j. M. Housman was Id
structed to convey the property OF the
estate BY deed to the Security Trust
and Safe Deposit Company.
Levi O. Bird, Esq, appeared in the
case Of George G.. Lobdell versus Ellen
Bush, widow OF Charles Bush, Ellen
Bush McOomb, Charles @. Bush and
William @. Bush. Ee stated that there
was 81 ,e51.43 In the Farmers Bank, but
that David p. Bnsh's interest was held
by order of the court on account Of GER
tain proceedings In divorce. Mr.. Bird
moved that the register draw q check
for $581. .43 In favor Of Ellen Bush. The
matter was held under advisemeht unit
to day.
At $40 O'Clock the court was adjourn
ed until 0 81 O'Clock this morning.