Morning journal and courier., 1889-11-22
THE COURT RECORD.

Superior C0urt-C1v1l Side-Judge Haus
 Judge Hall yesterday afternoon began the hearing of Irene Buokingham's appeal from probate. In April last the will of the late Mrs. Irene Clark of Milford was admitted to probate with no objections. Mrs. Buoking- ham, niece of the deceased, was not present and she claims she had no notice of said hearing. In the will the deceased bsqusathed all her personal property to her husband, and to Mrs. Buckingham and other relatives she bequsathsd all her personal estate, to be equally divided. Tie appellant feels ag- grieved at the provisions of the will, and ale leges that it was not the last will and tssta. ment of the deceased, and that she was ef unsound mind when she made 1t. This will was dated November II, 1881. Mrs. Bucking- ham presents . will dated November 17, 1879, in which $2,000 and all the wearing apparel of the deceased are bequeathed to hor. She claims that this will Ia tho one that should be recognized, and that while suffering from 0 temporary alteration of the mind she was unduly influenced to make 6 second will. Attorneys McMshon and Arvine are for the appellant, and Attorneys Henry G. Stoddard, Bennett and Doolittle for the appellses.
 Bishop VI. Bishop.
 Judge Hall yesterday sat in judgment over the suit of Mary A. Bishop and Miss Isadore Bishop against John H. Howarth ct al. All the parties are children of the late John H. Howsrth. When he died he left writing giving his three sons his Chapel street store with its stock, on condition that they should pay his debts. Two houses on Fair street he left to his daughters, the plaintifs: On Lii a nf h. ters now sue to compel the sons to pay the mortgage on the ground that that was one of the debts their father intended they should pay. The sons defend and say their father meant debts growing out of his business.
 Probate Court-JuAke nebertsen.
 Judge Robertson yesterday decided to re- fuse the request of Dr. E. E. Beardsley and Henry T. Blake, trustees of the estate of the late Philip Marett. for an order of distribu- tion. George P. Ingersoll, counsel for John Otis Shaw, one of the heirs who opposed the motion, will appeal to the Supreme court for . construction of the clause in the will which left one fifth part of the estate Ito the oity of New Haven, to be used by the proper au- thorities for indigent poor, not paupers." Mr. Ingersoll claims that the clause Is void for ambiguity, and will ask the Supreme court to pass upon it. The estate being tes- tate, Mir. Ingersoll claims that if the Supreme court decides that the clause is void, that then that ons-6fth portion will be divided among the other legstees, and the city will get none of 1t. The clause "one-tenth part to the oity of New Haven, in trust, the in- come to be applied by tho proper authorities for the purchase of books for the Young Mems Institute or any public library which may from time to time exist in said city" is also before the Supreme court for Q conetrue- tion. If the court decides that the Young Mems Institute shall take and not the Free Public library, the city will get nothing un- der the will whatever.
 other Cases.
 August L. Schneider was appointed trus- tee in the case of Andrew Berger, ,an insolvent debtor.
 O. L. Hoadley was appointed trustee on tho insolvsnt estate of A. O. Kapitzkss. The commissioners will be appointed next Thurs- day.
 City Court - Criminal Side - Judge
 Pickett.
 Breach of peace-Luke McKisrnan, No- vembcr 26.
 Violation of Sunday liquor law-Kyran J. Farrell, nolled.
 Reform school Oomplaint-Louis Eyer, November 23.
 Obstruoting sidewalk-Allen Craighton. $5 6ne, $5 42 costs.
 Theft-william Smith, nolled.