The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-11-26

SAVANNAH, Ga, Nov. a5.-(SpeciaD-
a motion for new trial In one of tho
most famous cases in tho history of the
Georgia bar has been FLED and will be
heard in this city in few days. One of
the unique features of this case is that
every lawyer of prominence in Savan-
nah is interested in it by reason Of its
bearing on at least thirty-five other
cases in which they are retained. Fully
half a million dollars is the sum at
stake. The title of the case is Elizabeth
ID. Freeman ct. al. VS. Mary A. Prender-
CAST.
This is the interesting history In
!S43 John M. Million, who was prom
1nent Savannah lawyer and had rep.
presented this district in Congress, died
intestate. His property went by in
heritance to his sister, Cornelius Nj.
Miilen. and his brothers, Geo D. and
Robt. f. Millen. Two years later Geo.
ID. Millen placed all his property in
trust for the benefit Of his wife and
children and appointed Jacob Waleberg
and Cornell Millen trustees.
The trust deed conveyed very unusual
powers, which. by it's terms, descended
even to the administrator or executor
OF the survivor Of the trustees Such
an extraordinary extension of power
never came before the notice OF law
yers in this region. Tho trustees
were empowered to sell any or all Of
the property to such person or persons
and on such terms as they might see
fit.
In April. iS47, tho trustees applied to
tho superior court OF Jasper county,
Georgia, for discharge OF their trus.
teeship and the substitution of the
proper persons in their stead. George
ID. Mlllen and his wife sent letter to
Judge Merrywether asserting to the. pro-
posed change and requesting that Griof
Linch be made trustee. Llnch was &C,
cepted.
In ISIS or 1S49 Linch, acting under
authority of the deed of trust, conveyed
to Michael Prendcrgast, of Savannah,
all the real property which he held as
trustee for Millen. This property was
at that time some distance south of the
city limits, but the city has grown far
beyond its boundaries. 1t consists of
seventy acres close to the heart of the
city, and with improvements the prop.
erty is now estimated to exceed half a
million dollars in value.
George D. Million died in 1914, and
Grief Linch died at the age OF 100 years.
Septe.n Der, 1891, the heirs OF Millen in
stituted suit for the recovery of the
properly. Under the Georgia law they
had very little margin of time left, as by
their contention they would be- barred
by the statutes from beginning suit at
ter September 5, 1891, the day seven
years since the death of Mrs. Millep.
There are thirty-ave cases in all, the
property having been sold from time to
time to different individuals. The first
case tried was against Mrs. Mary
Prendergast, widow of Michael Prender-
CAST. 1t was called last August before
special grand jury selected from a
grand jury Of Chatham county. 1t
proved to be the most stubbornly con-
tested civil suit ever fought here. Many
OF tho big law firms of Savannah and
Macon were arrayed against each other.
BY direction of the court tho Jury found
for the defendant
Tho main contention of tho Millen
heirs was that inasmuch as the chill
dren OF Geo. d. Mlllen had not been
represented at the substitution proceed
ings thore had been severance, and
that Grief Linch was the trustee of
Mrs. Millen and the children had never
been represented by the trustee since
the discharge OF the original trustee.
The defense claim tho entire legality of
subsequent proceedings and that Grief
Lnch was trustee alike for the children
and mother.
1t is believed that motion for a new
trial will be denied AID tho case will 90
to the supreme court of Georgia to be
heard at its March term. AS no federal
question is involved and all parties to tho
SUIT arc residents OF Georgia, it cannot
be taken to the Supreme Court OF the
United States.
A SLICK THEE