New-York tribune., 1891-05-16
STEWART MILLIONS SAFE.
IRISH RELATIVES LOSE THEIR SUIT.
DECISION BY JUDGE WALLACE IN THE CASE
OF BRANAGH AGAINST SMITH.

DECISION BY JUDGE WALLACE IN THE CASE
OF BRANAGH AGAINST SMITH.
Judge Wallace, in the United states Circuit Court
Yesterday directed the Jury to fEd verdict Tor the
defendant in the suit OF Sarah Branagh against VIII
lam p. Smith The plaintiff is the daughter oil uo
cousin OF A. T. Stewart, and sought to secure uic
house which the merchant prince bequeathed TO tile
defendant on the ground that Stewart left no Vaa
will. Judge Wallace read his opinion, which was
in part as follows: -. 80
1t is familiar rulo OF the common law tlaS n,o az.
allen has nhertablc blood and can nei'er y. anoer
land by descent transmit Il by descei. ~ nay
At the death of the alien tue laIu tnba.ts ana
have acquired by purchase Instantly A Sioyer,ment
or State Consequently, at common iaw IN e cdpfra g1
til would not have any tile to tlc M ,ane en M would
Se S1capabe Of ACQUIRING title by descent or OF Gans
mttlDg it and she herself as an aIen % wou hr ucther
II follows that unless the statutory law et thls Stc
has modified these rules oil rcai pavPSag} nlainijif
thont n tle cannot succeed, any lnfrnity In the te
Of the defendant notwithstanding In io4a He
o H,S ard convey real estate, and for oter PUT
noses This act amended by Nhtpser % u r,s VIZ
Laws Of 1874, and again by Oh"per % Vi ''' -"'
Vi snccnctly stated the act OF 1s4o, as AMENDED N
1874 enaDih M rh State. would answer the description Of
hers TO take By descent from any amen rnied
s,S,es s Who has purchased and taien or shall here
after purchase and take, conveyance VI Y'i ~
,se Es1 a. ta devee ssse This Ss legislation docs in terms
enlarge the capacity Of aliens TO take DS uor~ Sr
from non resident aliens, or TO take Dy ueeoerC hn
resident aliens or naturaiLeo or haeve 'r Tra ,s a
have not acquired lands by purchase Inere Is o., q
clear distinction, which has always Deen FecoslHs M
the law Of real property between f umfs 1Ia latter
purchase and those scguired by descent Inc N'0r
The only case in the courts Of this state which
directly adjudcates the present question: %Sn aS aSs
snnreme Court in june 1881. the case Of Harrison
ys Harrison decided by Barrett, j.. IN tlAt ooSo
the court says "The nonresident aliens tooa unoea
cifzehs consequently with full power Of disposition
and transmission. Dying lnteSpate Ine .S,ce =.
10 their heirsat-law capable Of taking by descent or
devs-that is to such Of their heirs as Were Slu1e
bnt not to such as were nonresident aliens The act
makes no provision for the latter -. -, .. .,,
conclude, therefore. that the STATUTORY law 4l n ws
from resident aliens and natura5ed or natye ozenT o
Mary Branagh the mother OF the paint,h, was hop
one Of these secondly the nght aaenes aat m oh deyse
and Mary Branagh, the mother OF tle plainun &c
qured this land by descent II MI. stewart u,ed d
tate, i being conceded tat ne e Was oSe Of his
collateral kindred Thirdly, these statutes III my
Judgment contemplate only one step Oh m
Transmission from Mr. Stewart % the mother OF Ine
plaintiff the operation OF me statue cease9, H. i
these reasons, must hold that any l'le & 70 ei,d ue
nv Mary Branagh has not been transmitted upon her
death to the plaintiff by descent. vcrulct must co
sequently be directed for the defendant
william II. secor, attorney for the plaintih' askeo
for time in which to file bill of exceptions, with
a view of taking an appeal. This was granted. Gen.
eral BENJAMIN F. Butler was not In court, having
gone TO Washington to argue case: Mr. secor said
fhaf he would on Tuesday bring another suit, In wch
fbe plaintiff would he first cousin OF A. t. stewart
Joseph H. ChOate Elihu Root, exJudec HORACE Rns-
sell and Jabish Holmes, jrp appeared for the de-
fendant