New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-01
are used for the necessary illumination between
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND, AMONG
THE COURTS

THE COURTS.
The action OF the heirs last week indicates that there
Is little probability OF litigation the division Of
the great estate left by Jay Could There may be
questions arising out OF the attempt TO collect the IN
hcrtance tax. but the division of the property will
probably not be contested and the will be
burdeped with another inerminabe will litigation. The
Fayciweathcr will again before the courts
last week. and from the present prospects may long
occupy the attention Of one another tribunal. FIX
cept the Alexander stewart property. the largest
greatest amount OF litigation. and NewYorks richest
men, such as the Nanderblts, Astors and now Jay
Gould. allowed to distribute their property with
the expenditure of large OF money In counsel
fees. The contests over the property OF the lesser
mlOnares still continue.
The collateral inheritance tax laws have again been
the subject Of comment. Presiding Justice Van
Brunt leads in the attack and many lawyers and SOM
of the law journals have Joined in the criticism OF
these laws. Judge Van Brunt says that many pro-
visions OF the acts relating TO the collateral Inheritance
tax "incongriOus, remarkable and unreasonable"
He cites provision eXempting from taxation a
devise beQuest TO any person who is bishop. or
TO any religious society whereas legacy to child Of
the testator may be subject TO tax, at seeming"
Judge Van Brlmt says, to have been the opinion OF
the Legislature that religious corporation has greater
claims upon estators than their children-a piece
Of legislation the parallel of which 1t would be difficult
In which these remarks were made Judge Van Brunt
holds that the Surrogate has jurisdiction TO de-
termne oiaims TO exemption non-excmption OF
legatees from taxation except In proceeding by the
Dstrict-Attorney TO compel the payment OF the tax
Executors will therefore be compelled 10 wait until
the District-Attorney begins such suit or to de-
termine at their own risk questions TO exemption
from taxation. The consequence is that executors
will not assume the risk, but will wait until the Dis
trct-Atorney seeks TO compel the payment OF n tax
which the executor would be very glad 20 pay without
a suit If any authority existed which could determine
10 whether II ought 10 be paid The whole prncl
pie OF the taxation of property left 10 members Of The
and the present system OF taxation in some of Its de
tails Is extremely RrIducvt OF as mo P ac
been decided upon by the Legislature.
j. Bleecker Miller who has been for several years
the secretary OF the committee of the NcwIork City
Bar Association appointed TO urge upon The Legs
lature the rejection of the proposed Civil Code, has
begun In "Thc Counsellor" review OF the work OF
that committee. lie believes that the work Of the
revision OF the statutes is far ADVANCED that II
is probable that the Code be passed at pres
ent and several years have gone by since serious
attempt made 10 secure It's adoption. Mr. Miuers
statement Is therefore timely A committee Of the
association began far back us 1881 to consider the
Code and at that time reported strongly againt us
adoption. Among the members OF the various com
mittees OF the Bar Association who have considered the
subject were Professor Theodore W. Dwight. william
ID. shipmnn. Edward Patterson Frederick smyth,
James C. Carter Francis y. Bangs, William Il. Horn
blower and many other well-knOwn members OF the
bar. Mr.. Miller himself has been one OF the most
earnest opponents OF the measure and has given much
time and labor 10 the preparation OF argumete against
It, eiIe will continue In future numbers OF The maya,
Of the various attempts pass the Cv Code through
the legislature and OF the earnest long conlined ana
Association Of this city.
/ "Thc New-Yorl Law journal" has published Of late
editorials showing an earnest purpose TO raise The
standard OF Legal ethics in the bar Of this city, Others
Of the editorial articles have been instructive in calling
attention TO various points Of law recently passed upon
I'm the courts and others sin have been well considered
ESSAYS on various topics less closely connected
with the LAWYERS If" IT quotes in OF last week 5
issues various remarks Of Benjamin Franklin indi-
eating that that statesman had not very high opinion
of the integrity of members OF the legal profession
The Law Jourral~ say and with much justice. that
the general opinion to the greed and dishonesty OF
lawyers seems to have been somewhat altered, and
that many persons are willing 10 concedc that
lawyers as class reputable and publicspiricd
portion OF the community Attention b also called 10
the fact that the increased good reputation among
lawyers has not been nterfcrcd with by the other fact
that contingent fees formerly considered unproi
were never more common than at present. When a
LAWYER fixed his own compensation after the services
were rendered the bills were considerably larger ana
/ more complaint made than now. when thc com
pensation is frequently arranged between lawyer
and client before The action is begun aud
may be contingent upon the success of the
suit. Not only IS the contingent fee. as The Law
Journal points out, necessity, II poor persons ar"
to fight rich and wel.equipped corporations, but II
also prevent. useless litigation as an attorney
will not begin action II he secs no prospect OF MS
obtaining fee by the successful prosecution OF i.
decision OF the Court OF Appeals Just reported Indicates
That the highest court viii aid an attorney Who ha,
performed his part OF the agreement to collect his
Compensation In that the plantif secretly made
settlement with bis opponent for an amount con.
sdcraby less than the judgment recovered ana LETT
The state without any payment to his lawyer IN.
Court set aside ihc satisfaction Of judgment Obainra
without the lawyers know edge, 50 That he could
obtain least the legal costs for himself The Court
Of Appeals hs decided that the lower Court acted cor
recty In so doing.
judicial uttcrances often couched in so vgor
Gus and occasionally pcrfcvid language, nor show so
great an amount Of feeling, those Of Judge Faune-
roy. of the supreme Court Of Appeals Of Virginia. In re-
Gently deciding the litigation the grave OF Mary
Washington. the mother Of the first Presl-
dent. "The record In this case" he says.
presents for review by this court the
sacIiIecious ana shOckingly shlnefnl spectacle
Of controversy and traffic the grave and sacred
ashes Of Mrs. Mary Washington. the honorcd and re-
vered mother OF the transccndent Of al the ages,
Who inahc annals OF the world Is without prototype.
a pecr or parallel. Mrs. Washington died In
Fredericksburg in April. 17o9 and was BURIED on "a
small hill overlooking the valley Of stream near that
town. The grave on land which then belonged 10
her son.inlaw Colonel Lewis. Fortytwo year, after
nor death an association formed 10 erect mOni-
ment over her grave and President Andrew Jackson
laid the cornerstone OF the monument IN May. 1888
Tho monument was finished Judge Fanntlcroy
in his oplnOn quotes portion OF the speech nade by
fhe chairman OF the monumental committee ana oil
President Jacksons address, which he describes ~