The Providence news. (Providence [R.I.]) 1891-1906, 1895-04-16
A Peculiar Case Heard in
Court This Morning.
The Privilege Of Sitting In a Church
Discussed by Counsel.
General Business at the Bar Of JUS
tice I'm the Several Divisions.

Before Matteson, Q. j., and Justices sti-
ness and Tillinghas the following cases
were heard today:
Lydia p. Fellows VS.. Dustin ID. Wright.
Petition for appointment of commis-
sioner to set off dover.
Richard j. Owen, executor, for opinion
OF the court on clause in the will OF the
late Edward w. Brunsen of Bristol. BY
the will all the property OF the deceased
was left to his family ana to Owens as ex-
ecutor, including a pew in st. Michael
Church, Bristol. The clause in the will in
regard to the pew provides that ii may
be occupied by his family as long rs they
wish TO do. and then when no longer oc-
cupied by them shall be sold and the
proceeds 60 to the executors and be con-
sidered part of the residuary estate.
The will was contested by one of the
daughters of the deceased Mrs. Elizabeth
ID. Skinner, but this contest was after
ward settled. Now the executor pro-
pounds a number OF questions TO the
court in regard TO when the occupancy of
the pew may be considered as given up,
and to the right and duties OF the execu-
tors in tho matter, including the follow
ing:
IL every member OF the family ceased to
occupy the pew would the executors have
the ight to sell the same? Does the will
provide that the question Of occupancy
lies with the family, or with the executors
to settle and II the family can settle the
matter have the executors any duties to
perform in regard TO the claims referred to?
Must the wife and all the children or only
q majority agree to give up the occupancy
and have the executors or children any
right TO let this pew and IL 30 must all the
children agree to the letting? Can any
child of the deceased take this pew, pay
the assessments and let it, or does this
clause permit the executor to let the pew?
Would an occasional occupancy give
any child of the deceased
the right TO take the renst? In
case one OF the said children wants 10
occupy the pew one week, at different
periods, and won't agree TO sell or to pay
assessments, who can the treasurer of ST.
Michael's Church collect OF? And in
case tho executors pay the assessments
can they take the same from the share OF
the child SO using the pew? The last
question is similar 10 the one just given.
o. L. Bosworth appeared for Owens and
w. III. Barney for Mrs. Skinner, who at
present hires the pew in question from
the executors and has agreed to pay any
profits, that may arise from the letting OF
ha
Bosworth claimed on behalf of
the latter that Mrs. Skinner
should also pay two assessments that are
now due the church for such pew and
Mrs. Skinner objects to so doing. This is
the only point the parties interested dis
agree upon.
A decree was entered in the case OF
Joseph Lavelle is Nehemiah Kimball in
accordance with a rescript previously
handed down granting the defendant a
jury trial and directing the clerk of the
ninth district court 10 certify the case for
such trial Notwithstanding the defendants
submission TO judgment for the plaintiff.
Common Pleas Division.
In the common pleas division OF the
Supreme Court this morning no cases
were tried. The cases on the docket
were: Mary MCGOWAN, Florence McGow-
an and Joseph Mcknight against
the New YORK, New Haven d Hartford
Railroad, and Charles Cohen against the
Insurance Company of North America.
Tho first three named were marked
"passed for triai, ;" and the fourth marked
Settled"
The trial OF criminal indictments will
be again in order on next Monday.