The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-03-14
YESTERDAY IN TIE COURTS
ARGUMENTS IN THE RUSSELL WILL
CONTEST, BRINFORD.

CONTEST, BEINFORD.
Judgment Of Foreclosure in an AnSonia
by Turnpike Suit-Telephnne Company
sued--superior Court Docket for Next
WeoR-The Pond WIN Contest In Hart
ford-A Coin Ca,e-John j, shea's Plight
-Iho Diamond Case Has Sequel-Com-
mon p. eas Court Assignments, Etc.
Arguments on q motion for judgment
In the case Of Russell administrators
against Shailor and others were made
at the short calendar session of the
superior court before Judge Shumway
yesterday morning
William Russell died in Branford in
1883, leaving real estate worth SS,Ooo'
BY his will he left the life use of the
estate to his two sisters, Maria and
Amelia, and upon their death, life
interest to James e. Russell, his broth
er. After his brothers death the es-
tate was to be divided equally between
his nephew, George Louis Russell, and
the eldest son of James e. Russell, If
the latter left any male issue.
The two sisters named in the will
have died, and James E. Russell also
died without leaving any male issue.
The motion sues for judgment in favor
of George Louis Russell as the sole
surviving legatee, and it was opposed
H. CT, %F NJol,
A. Shailor and others, the heirs at law.
Judge Sheldon contended that mas
much as James E. Russell died without
male issue half the estate should go
to the heirs at law, while counsel for
the administrators argued that it was
clearly the intention of the testator
that the entire estate should go to
George Louis Russell if James e. Rus
sell died without leaving male issue.
RECEIVER APPLIED FOR.
In the superior court yesterday in the
case of Knaus against the Milford
Beach company, an application for the
appointment, of a receiver, motion was
made for the permanent appointment
of the Home Trust company of Derby
as receiver. The company is a land as
ISOLATION at Burns Point with agcapital
stock of 100000. Other stockholders
namely r. M. Bassett, Simon Novitsky,
BERTHE K Hoffman and John F. Town
ley, asked to be made. co-plaintiffs, and
certain of the officers asked that the
Home Trust company be removed as
receiver.
ESTATE ORDERED SOLD.
Judge Shumway yesterday appointed
w. j. .Atwater committee in the case
of John Donahue against Mary Line
han ct al, to sell a house at 81 Nash
street belonging to the estate of the
late Bridget Donahue. The sale will
take place on April is and the proceeds
will be divided between John Donahue
and Mrs. Linehan and her children.
DEMURRER ARGUED.
A demurrer in the suit of Clifford
Baldwin and wife against the Fair
Haven and Westville road for dam
ages in falling from a car was argued
in the superior court yesterday. The
demurrer sets up that the road was
under no obligation to have the con-
ductor there to assist the woman.
PALLADIUM LIBEL SUIT.
The suit of John p Carney against
the Palladium for $4,000 damages for
alleged libel was set down for an ar
gument on demurrer yesterday in the
superior court, but was continued for
enc week by agreement of counsel
THE DERBY TURNPIKE SUIT.
In the case of New Haven against the
Derby Turnpike company the motion
of the Derby Turnpike company that
the towns of New Haven, Orange and
Derby close the pleadings on the re
monstrance of Huntington, Ansonia
and Woodbridge to the report of the
committee who assessed damages to be
paid by the town was denied yesterday
in the superior court. The committee
was appointed to assess damages to be
paid by the towns for the condemna-
ton of the road. They assessed dam
ages to Woodbridge, Ansonia and Hunt
ington, who demonstrated on the ground
that they were not affected by the con-
demnation of the road. The motion Of
the Turnpike company was made in or
der to hasten the proceedings but New
Haven, Derby and Orange objected to
the motion, which was denied.
TELEPHONE COMPANY SUIT.
A motion of the defendants to make
the complaint more specific was denied
and the costs RENTED in the suit of
John ]. Bergin, administrator of the es-
tate of Timothy Delaney of Meriden,
against the Southern New England
Telephone company and the Meriden
Electric company for $1,000 damages.
Delaney was killed by an electric shock
received over the wires Of the defendant
ON August IL, 1886.
MOTION FOR BILL OF PARTICU-
LARS DENIED.
In the suit of Henry G. Newton
against Josiah J. White, administrator
of the estate OF Eliza T. Trowbridge of
Brooklyn, for $4,000 for services for the
estate, a motion to make the bill of par
ticulars more specific was denied yes
terday Miss Trowbridge died in Brook
lyn in 1891, leaving a large amount of
property in this state. White refused
to pay the claim of Mr.. Newton, 1t is
alleged. He resigned as administrator
in 1894 and James K. Blake was ap-
pointed. He was also sued by Mr.
Newton on the same ground and decis-
ion in that suit was also rendered yes
terday. A motion to make the bill OF
particulars more specific was denied,
also a motion to strike out part of the
complaint.
IN FAVOR OF DERBY BANK.
Judgment of foreclosure on a mort
gage of 81, 100 against the heirs of Eliz-
aheth r rTiIden of Ansonia was render