The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-10
APPELLATE DIVISION.

tIial DcBlnninB Oh niOuuuy Next
APPELLATE DIVISION.
Before Chief Justice Matteson and
Justices stiness and Tilling hast today
was hard the case of Sarah A. Slocum
Vs. Salnul Ames ct al This was an ami
cable snit between a lif. tenant and re-
msinder men i'm an estate as to whether
certain redemption money was to be con-
sidered as principal or interest. N. II.
Truman was counsel for the complainsnts
and {. l.. German and Samuel Ames for
the respondents.
A hearing was heard on exceptions TO
the masters report in the case OF Bu-
chanan & Lyall VS.. Henry o. Carpenter.
Mary A. Gillian VS.. Chsce a. Sanborn.
This was q suit to reform an instrument
kiven as security for debt. The court
failed TO see that there was any remedy
that could be given and dimisssed the
case.
The following rescripts and opinions
have been handed down i'm this division:
Richard Il. Borden ct al VS.. Pbilo V.
Cady. In this case the language OF the
court is as follows: "We are Of the opin
ion that the mortgage from the Chsce Ele'
vator and Manton Ship windlass Co. TO
the plaintiff, as trustees, did not cover
the two steam steerers under the clause in
the grant relating to after acquired prop
erty, as that clause clearly refers only to
property acquired in connection with the
plant. The exception relating TO supplies,
stock and materials row or hereafter in
process OF manufacture or intended there
fore cannot be construed to enlarge the
grant. The yacht windlsss, not being on
the premises at the time the mortgage
was given, was also not iiclu led in the
mortgage" Judgment for the defendant
for costs.
In the divorce petition of Rose f. Miller
vs.. George W. Miller, the court has
granted the divorce.
lillian II. Wood ct al exec's vs. viii
liam A. Hammond ct al, q rescript has
been filed I'm this case. The court holds
that the general rule is that the expenses
OF determining questions which arise
upon will, occssioned by the testator,
shall be born by the estate and paid out
tain respondents for a reasonable allow
ance for counsel fees and expenses in
CURED in legislation the questions sris-
ing on the will should be granted. A
hearing will be had as O the amount OF
stch allowance.
Mr.. Justice Tilinghast in a long
opinion in the case Of Joseph III. Tongee
VS.. Benjamin Rose decides that the plain
tiffs petition for assnew trial should be
granted.
COSTS NOT ALLOWED.
The following rescript was handed
down this afternoon in the appellate divi-
sion OF the Supreme Court
Job Booth VS. Henry Fisher. Through
a writ OF scire facias had issued and way
In the hands of the officer for service, no
service of 1t had been made. No costs,
Therefore had scured upon the writ to be
paid blythe defendant as a condition of
his discharge frcm liability. Judgement
for defendant without costs"
Court Calendar for Saturday.
Appellate Divlsion.t
Eq. 4os2. Mary A. Curley VS.. Thomas
Curley.
Eq. 1862. Roswell o. Whitney ct al.
Va. Mary Harrington ct al.
Eq. 3954 Josiah A. wbsley VS.. Mary
Harrington, ct al
Eq. 4l02. Henrietta f. Newell VS..
Charles II. Lawton, ex.
Diy i0,4lS Mabel f. westcott va.
Christopher q. Westcott.
Eq. 41Os. Mary L. Gladding, e. al. VS..
Charles s. Curtis ct al
Div. 10. 427. Marion s. Dolley vs. Al
bert NJ. Dolley.
Div. 10, 3i3 Sarah ID. Little VS.. John
ID. Little.
Ex. lS47. Bazalie Lambert ct al. VS..
Emanuel Marsite ct nj. nl.
Div. lo,41o Lucy A. Smith VS.. James
w. Smith.
Ex. 1904. Thomas A. OGorman vs. L.
ID. Newell & Son.
J. T. W. 10. william Schulz VS.. Alpha
II. Hill ct ux.
Providence Beef Company VS.. Charles B.
ChampIin, Jr,
Eq. 4iiO. Matilda Gardenr ct al. rs.
William N. Richards.
Eq. ALL. Charles j. Whelden ct oil. VS..
Stella T. .Driscoll, sdmr.
Div. 10, s36, Mary Il. Zuill VS.. Henry
Zuill.
Ex. 205s. Andrew Reilly vs. James
shannon. -
fcommon Pleas Division
2431. Martin Kcnney VS.. Union Rail-
road Go. Attorueys-T. Il. Farrell for
PLAINTIFF; ID. :. Baker for defendant.
1867. Margaret Redmond vs.. Charles
Maxfield ct al Attorneys Page d Owen
for pisinti1; +. - Arnold for defendant.
3z6S. John McGowan VS.. John Hoxsie.
Attotneys- Page & owen for plaintiffs;
(. w. X. Allen for defendant.
2236. Robert McArdell VS.. Thomas Mil
Ter.
2295. John y. Ntllinger VS.. Edward
Cooke, ct ux.
Some More Calendars.