Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-09-14
sRPrEMBEIs oHANcBRT TERN.

A Chancellor. ad Litein, VIII he APP
pointed in the Case OF the Mayor and
Council of Wilmington VS.. j. Edward
Addioks, ct al.
The September term of the court of
chancery and orphans court opened in
regular session on Monday Chancellor
Wolcott and Judge Grub were on the
bench.
Registrar Colen Ferguson has prepared
trial list of ~ cases and three parti-
ton causes.
The trial list was gone over. Most of
the cases were continued
On the application of H. II. Ward,
trustee, the sale of the property known
as the Atlantic Gardens, Of the estate of
j. Frederick Hertel, deceased, of this
city, was confirmed. The sale was for
1880, exclusive of q mortgage of
$4,000. On the application of Walter
Bacon, attorney, leave was granted to
sell part of the estate Of John NJ. Bern
hardt, deceased, to pay debts
When the case of the Mayor and
Council of Wilmington VS.. J. Edward
Addicks ct al was called, Austin Har-
rington, counsel for defendant, arose
and stated his readiness TO proceed with
the case lmmediately.
There was some comment from coun-
sci for the compliments, when the
chancellor remarked:
"Thero will probably have TO be a
chancellor, ad litem, appointed in this
case"
1t is understood that this remark Of
the chancellor refers to the fact that
before his appointment as chancellor
Mr.. Wolcott was counsel for Mr.. Ad-
dicks in Dover.
Austin Harrington again referred tc
the fact that all he is anxious for is thai
the case proceed without further delay
and that when the appointment of Q
chancellor, ad Item, is made the mattel
will not pass from Chancellor Wolcott's
hands into indefinite action.
Mr.. Bradford-"Then l infer this case
rests until the vacancy Is filed ?"
Mr.. Harrington-"All we want is thai
some time DO fixed that the demurrer
be got rid of and that the merits of the
case have opportunity of being heard
The Chancellor--'I suppose the Gov
ernor will have TO appoint chancellor
ad Item"
Mr.. Spruance then read the act refer.
Ath5 W buSu ndttSIb.
CHANCELLOR AID LITEM.
The act to provide for thu appoint
ment of chancellor, ad litem, in Ger
tain cases was passed February 7th
1865. Section says: "That where any
cause is now, or shall hereafter BIZ
pending in the court of chancery, il
which the chancellor has been counsel
the governor, upon certificate of tina
fact, sent him by the chancellor, shall
have power TO appoint, either from thu
bench or the bar, as shall TO him seen
proper, chancellor, I'D litem, to heal
and determine, &C."
Mr.. Spruance added: "We woulC
suggest that when your honor is sub
hitting the matter TO thegoyernor yol
will state the fact that counsel will
probably agree on a name for shancel
lor, ad Item"
In the case Of William Candy, trus
tee, VS.. H. d. Dillon, deceased, the Chan
cellor indicated that the grand -daugh
tiers of Mary Morton Dillon are entitled
to their share, some $4,000. Colone
| Nields is counsel for the latter. Th,
Dillon estate is appraised at $200,0
The Chancellor will review tse Who'll,
case.
Among the cases continued was tina
of the jackson s. Sharp Company vs.
the Cherry Island Marsh Company.
In the court of chancery yester
day the request of the Equitable Guar
antee and Trust Company to expend
portion of the principal of the estate o
leila s. Hampton was grant ed,
The court received the petition of ]
Frank Biggs, attorney, for the appoint
ment of commission in the case o
Thomas Laws, deceased, and the cour
appointed-the following members of tn
commission: Joseph l.. Carpenter, Sr.
Henry F. Dure, John Pyle, George Nc
Intire, Thomas r. Lally.
The Security Trust and Safe Deposi
Company entered into a recognizanc
in the case of @. B. Herting. On motiol
of ]. Frank Biggs, ]. e. Riggs was ap
pointed guardian for George Newlove.
Permission was granted the Equitabl
Guarantee and Trust Company to ex
pend portion of the principal of tn
State of Edward N. Deacon.
The chancellor rendered decision Il
the case of William Candy, trustee, vi
Henry D. Dillon, ct al, the decree bein
that the trust funds be divided per capt.
among the lineal descendants.
Court then adjourned until Monday
Injured in a Runaway.
| A man named TAYLOR vna thrnu