New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-03
THE COURTS.
THE ANDERSON WILL cONTEs.
MRS. L ID. APPLETON WINS A POINT-THE APPEA


decision rendered IN the famous Anderson VIII
case yesterday that much satisfaction TO the contest
ant in the case Mrs. Laura d. Appevn, the only Surviving
daughter u John Anderson. who believes that her ather
was Improperly Influenced when he disposed OF his Inn
pro city the way be did Ms Andersen brought
this city last October to have partition or
tho real left by her father alleging that tho VIII oy
which all the land been given 70 her BROTHER John
Charles void because OF her fathers mental
neapasty at time, also that fraud and undue In
huence had been brought To bear upon him against ner
THIS action WAS Jc.un OCTOBER IL. On the following
day her brother John Charles Anderson Instituted pro-
ceeGngs County 10 eDlo!n her nom prose-
cutting her action New York. On December 10 an IN
junction order obtained nom Judge Dyckman' In the
weschester Supreme Court, restraining MIS- hpp'e.o"
nom further prosecution and also from brngin
any action touching the validity OF her is'her
will. While the action Of her brother TO have the VIII
sdjudged sound pending, Mrs. Appleton appealed from
Judge pyckmans the General Term Of the Second
Department
Judge Sarnards relationship 10 Mrs. Appleton and her
brother prevents him from sitting in the case Judge
Dyekman having made the order appealed fro' was also
sit In Judgment further On the matter MIS-
attorney therefore moved before Justice Pratt
"a Rrookvn the remaining fudge Of the Second Depart
ent for an directing that the case on appeal o
heard In another department The mouon was suoisiS
opposed, but Justice Pratt granted the appucaoh anu WI
Wednesday order Erecting the appeal 70 DC heara
by the General Term Of First Department IN this city
presiding In the First Department, granted an ordei iof
John Charles Andersons attorneys 20 show cause why inc
appeal should not heard the February GeneTa Term
in New-York.
HEIRS OFAN OLD NETWORK FAMILY 60 To Law.
An eectent interest now In the supreme cour
and called trial In the earv part OF 'ne
present century thu OF the meohants henry h"
mond and Absh Hammond familiar. In those days
the No AZ Hudson st. now occupied oy
A. c. Angel. dwelling house In Greenwich owneu ny
Henry Hammond who presented II as Wedding gi'' III
1906 to his BRIDE Miss Eveina Trurton aoaugn
Tar Of Commodore Thoma. Trn1ton Of the United states
Navy property has passed through various hands
and In possession OF the retired pawnotoSe'
John B. Simpson The heirs at law OF Evelina Tru1toh
claim that the land and building have been irreg
nlsrv conveved into other hands, and they have
brought action TO eject the present tenant,
gain possession themselves and recover slo'oo "AoH
rentals. The property valued at about ioooo "onci
Thomson of Philadelphia formerly an oheer oil
tire Federal Army Mrs Edward T. Chase OF this CITY,
hors together three children Of Mrs. George H.
Gddrg OF Washington and one child OF MrS charles Adus
the being represented BY suardah%
In thu adavts heirs claim that the last legal ana
valid CONVEYANCE OF the prosperity made whom Henry
1t his wife She died in 1888 leaving one
daughter Mary Eveipa who inherited the property ana
married Thompson. She and her husband ocou
homestead and she died In 1870 leaving
four children Ambrose. Emily. Julia and Margaret Ihe
first the present companans and the chufeh OF ho
get their share OF what their great
down succession and no VIII has been lett 10
interfere The papers that Ambrose H. Ihonp
OF the property by courtesy or lie ate MS
when he died II shoul have gone TO
the children 1857 and his second Wife, who was
Mary Pil de:phia soi the propery to
John n Glover who sold 1t TO Alexander u
1858; Mr. Simpson bought IL In 1882 Wiiian -
Cox the counsel for heirs yesterday that Ambrose H.
Thompson second wife had legal right to sell the
property will their inheritance
CLEARING HOUSE TRANSACTIONS VALID.
decision has been handed down by Justice 1usrahaH'
NJ the supr.ms Court IN the suit Samuel W. Lewis
against the Consolidated stock and Petroleum Exchange
points interesting to STOCK brokers'
Mr.. Lewis was suspended from the Exchange ior an
alleged breach of contract, and he began hli
action to enjon the Exchange from enforcing
hi. suspension on tho grounl that tho contract
of the State against betting and
gaming between members OF the Conso-
dacn Exchange made through clearng house and IN
respect they differ from the settlement of transactions
on the Stock Exchange. Tue Court
The validity OF the cspr'ct Detween the plaintiff and
pensi by the Erchangej depended upon the intention Of
me s 70 dsVer Or aee.ri tbs share. OF
named the contract but merely n,snded TO pay any
the eGHrac cS'' wa. valid 70 'o0 H
he np %Ss % sifs the IN: 81
the E.chsas ont a .yste% wGgG appear to Os s
The taG tina. me PaT.: caTTyi.s out at
5s a tas party from whom Bank: 6e Pa
plainud had agreed to buy, paving Banks only
the difference between the price that Banks
10 stock 10 the party,
from who purchaaed and the amount that the plain
TN had TO purchase for dbl not make the contract
void within The statute
The Court holds that the plaintiff did not present case
warranng is and the defendant judg
The decision is regarded as establishing the
Legality Clearing House transactions in stocks and com
modities.
Mr.. ARBUCKLE WILL NOT PAY WILLINGLY
The loves Of Bunnie" and Baby Bunting" are to be
passed upon by General Term of Supreme Court
points OF law have become involved IN them The be
lief that Charles Arbucke the defendant the celebrated
breach of promise which Miss Clara Campbell OBJ
taned verdict OF S45 O00 with costs and
extra allowance to SAC 1872 90 would settle with her
basis has been dsspaed By the filing OF his notice Of
appeal.
BITS OF LEGAL NEWS.
Judge Ehrch, OF the City Court yesterday denied the
the order for the examination Of the
nf 500 left them