The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-31
a BIG CASE FINALLY SETTLED.
DuckwOrth vs.. the Ocean Steam
ship Co. Decided I'm Favor Of the
Latter.

ship Co. Decided I'm Favor of the
Latter.
The supreme court has just decided one
OF the most important eases that has come
up e.. Chatham county in a long time 1t
was ne case J. b. DuckwOrth, and others,
trustees Of the estate Of VIM. Battersby.
VS. the Ocean Steamship Company OF sa-
vannah to recover for about 100000 Of first
mortgage bonds and coupons and interest,
in which the decision of the superior court
was affirmed and Judge Robert Falligant
was sustained in every ruling.
The estate Of Battersby owned $1,000 OF
the first mortgage bonds Of the Ocean
Steamship Company of Savannah, which
were registered in the name Of the estate
Of VIM. Battersby. Mr. Battersby died in
England The will was probated there and
here in Chatham county upon an exempli-
fication OF the probate in England. The
Will nominated FIVE executors and trus-
tees, three Of whom were resident in Eng
land and two in Savannah, namely J. b.
Duckworth and A. L. Hartridge. The oath
item Of the will, gave the trustees for the
time being resident in America, the en-
tire management Of the trust and the en-
tire execution OF the powers of the viii. II
also provided that this proviso should not
have the effect of authorizing the Ameri-
can trustees from excluding from the
management and execution of the trust
the trustees resident in England so far
as they might be DESTROYS Of interfering in
the management.
Oct s, 1880, Maj Hartridge, the only
trustee or executor then resident IN
America, demanded a transfer Of the
bonds TO bearer, and the transfer was
made at his request and signed by him,
Alfred L. Hartridge, Executor" The
executors and trustees OF the estate OF
Battersby contended that under the TWEEN
ty-fOurth item of the Will, the ocean
Steamship Company was not authorized
to make a transfer at the instance of the
sole executor and trustee then resident
in America, because il had not aff1rma-
lively appeared that the trustees resident
in England had left the exclusive man
agement OF the American estate to the
sole trustee then resident in America;
and also because Maj. Hartridge did not
have the power under the will as execu-
tor, the administration of the estate hay
ing long since been completed.
1t was held by the supreme court that
the sole trustee in America was author
Ted to exercise the powers under the will
as to the property situated in America
without the express assent thereto or par
| ticipation therein, on the part of the trus-
tees residing in England. II was further
decided that whether or not by the terms
of the viii the person nominated as exec
utor and trustee was specifically invested
| with power to make transfer of bonds in
the capacity of executor, inasmuch as the
authority was clearly delegated to this
person, the law would attribute the act
to the proper authority, though not pro-
fessedly done in the capacity of trustee.
rms IS what was held ny Mr.. 1; M cum
bingham, who appeared for the Ocean
Steamship Company. Messrs. Saussy q
Saussy and George W. owens appeared
for the plaintiffs.
The case was a very intricate one many
points being made on both Sides but the
main features of the case are given here
/ with II was an important case and has
| been watched wb.h a great deal Of inter
est since 1t was begun. out of seven cases
which went up to the supreme court from
the same term Of the superior court with
this, Judge Falligant was sustained in six
of them, and the other was an unimport-
ant matter involving merely a point of
practice.
The suit Of Primus Johnson against the
City and Suburban Railway Company for
$1,000 damages for personal injuries, was
on trial In the city court yesterday morn
| ing. Johnson was represented by Maj
! =. W. Meldrim and Mr.. William Pease,
and the railroad company by Messrs. Bar
The plaintiff said on May 6, 1906, he got
| on a West Broad street car, with his
| two daughters and asked to be transferred
| TO the Liberty street car. When he was
| alighttng from the car, he said, the con-
| ductor grabbed his stick and began beat
! ing him over the head with il, while the
| motorman came up from behind and struck
| him with the controller handle. Johnson
claimed that he was so badly injured as
! TO require considerable medical attention
! lie claimed this conduct was vicious, ma
| licious and due to no fault of his own.
! The evidence for the railroad, however,
1 made 1t appear that Johnson had cursed
! the conductor and had struck him with
/ a stick. This, of course, it was claimed,
/ brought about a general row, a police
/ man was called in and Johnson was ar
/ rested. He was fined $40 in police court
/ next day for discrderly conduct and fight
! ing on the street.
one of Johnsons witnesses, DR.. NJ. T.
! Davis, who attended him, was sick, and
| unable to be in court. After all the evil
| dence was in the attorneys for the plain
tiff, being satisfied that. owing to the
able to recover. asked for and obtained
| permission to dismiss the suit. They
/ stated later in the day the suit would
| probably be brought over again, at which
time they hope to secure additional wit
nesses to sustain the allegations made in
their declaration.
A certified exempnhcation of the will of
s. Ellen Coleman was filed in the
court of ordinary yesterday and
%n I A r Pe'f hS%to 1i 5 5ne m hsfs
| administration c. I. a. of the property in
Georgia. The will was 'probated in Leba-
] non county, Pennsylvania. The testatrix
was a daughter of the late Robert Haber-
/ sham of this city She leaves her property
| to her son and daughter, Robert Haber-
sham Coleman, and Mrs. Anne Caroline
! Rogers.
William II. Dooner. Jr., filed an applica-
| ton in the court of ordinary for homestead
| exemption, for the benefit of his wife and
children. He asked the exemption of SIZE
| in personal property and 1,425 from the
proceeds of the sale of the goods of Gro
| tion of John F. Crohan was dismissed and
/ he was granted a homestead.
Mary ]. Lemon filed an application for
! a widows years support from the estate
| of her husband, Thomas J. Lenoir, for
| the benefit of herself and minor children.
William FL Cullom and Michael F.
| Foley Visre appointed commercial no
! taries public in the superior court yes
| terday by Judge Falligant.
The suit of Martha V. Houston against
| the receivers of the Electric Railway
| Company for 5000 damages for personal
| injuries was tried in the city court yes
| terday The allegation made by the
plaintiff was that she was violently
| thrown from car at Montgomery and
| New Houston streets May q, 1895, on
| account of the car starting suddenly be-