New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-13
RITS OF LEGAL NEWS.

Assemblyman James r. Sheffield argued a mo-
ton yesterday In Supreme Court Chambers, before
Justice Lawrence. for peremptory mandamus 10
compel the Board OF Fire Commissioners 10 retire
James r. Rodman. an engineer connected with the
Fire Department. who appointed on October g.
1s73 Assemblyman Sheffield succeeded in having
passed by the last Legislature an act providing that
after twenty years of continuous service fireman.
upon his proper application. must be retired from
the service and placed on the retired list. When
Rodman applied to be retired the bodrd uecHhe1 "
act his application.
William l. Findlay appeared for the Fire Com
uissloners and pleaded that. nasmuch as the Com
missioners could not find Il man aVailabe lot the
place of Mr. Rodman they had been unable 70 reure
him Judge Lawrence said that such an excuse was
a very poor to present to the court ana that ne
would be compelled grant the motion for the
mandamus
Judge Lawrence in Supreme Court, Chambers
Yesterday denied motion made in behalf OF the
Sheriff TO compel Ida ID. Wright. as a nonresident
TO give security for costs in an action Drought ny
her against the Sheriff for false seizure OF her prop
erty. claiming damages of $3.50 The Sherns jury
decided that the property aterward seized belonged
to the daughter who shortly To be married 10
Vice President Antonio EZeta. OF Salvatore, ana
among the seized property was the trousseau
William s Wyse who some years ago In the
employ Of Harper Brothers. the publishers ana
at that time was a man of position and wealth
who lives at the Savoy Hotel. to compel her 70
deed back to him property which he conVeycu 10
her in 1883 alleging that at the time ne was III,
sane and unable 10 make legal Conveyance ahu
that the property amounting TO over >lpWV' war
obtained from him by undue influence on the par
OF his wife - A., t, -,
Edith Hawthorn Crane Simmons. the wite o.
Robert Simmons has taken proceedings III IN,
/ Surrogate's Court to contest her mother s VIII
and TO have It's provisions construed by the court
| Her mother was Mrs. Angelina crane a WIDOW
| who died recently leaving an estate valued AZ
| about $4,000 She appointed the Farmers Loan ailc
| Trust Company executor OF the estate. Chdei
| the terms OF the viii she gave her daughter
! heouest Of g.. because she treated her IN "A moS
| undutful and unnatural manner, ana the res
| OF her properly she disposed OF as follows: rive
| thousand dollars each TO the Womens iiosWtai
| The Home for IncuTablcs. the st. Lukes fosplta'
and The Tribune Fresh Air Fund. The residue o
the estate Is left to the Mayor, Aldermen and com
! monalty OF the city OF New-York with the requcs
! that the same be expended, II the expenditure b.
sanctioned by law, in the erection or drlhkil'
the construction OF the clauses In the Will an'
insists that II is invalid because 1t disposes or NOR
than one-half OF the estate for charitable ane
| quest to The Tribune Fresh Air Fund Is vod be
| cause II Is not Incorporated body. The beques
OF the residue OF the estate TO the city Is also con
! tended TO be void because the city IL not authof
lied TO take personal property by VIII IN trus
| for the purpose Of building drinking FOUNTAIN
| and is not corporation