The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-01-13

scCOnu hlghcSt tribunal III the
State-- --Argumenti in O,Grady Cases.
TWO cases that have been provoca-
tive of a large amount of litigation
were aired before the Superior court
yesterday, or at least certain phases
OF them were. The one that has at
tracted the greatest amount of atten-
ton of the two mentioned is the appeal
of James Nichols, of Clarks Green, in
the matter of the estate of his mother
Sarah Nichols, deceased. In 1885 Mrs
Nichols died, leaving her husband Hir-
am Nichols, and five children surviv-
ing. The husband subsequently died
Since the death of Mrs. Nichols the
children have been engaged in litiga-
ton over the property.
The case was brought to the atten-
ton of the court yesterday in the form
of an appeal from the final decree of
the orphans court of this county re-
fusing to allow an appeal from the de-
cision of the register of wills dismiss
ing the proceedings to compel the pro-
duction of the will of Sarah Nichols,
deceased. The case was originally APP
pealed to the Supreme court, but was
RENTED to the Superior court because
IL was not SHOWN that the amount in
vowed exceeded Sl'oVo.
On May Il, 1892 James Nichols
caused CITATION TO issue against the
other Nlchols helrs to compel them to
produce the will of Sarah Nichols for
probate. These proceedings We're dis
missed by the register of wills on Sept.
9, 1892, and on Nav H. 1885 James
Nlchols MED his petition with the reg
lster OF Wits Tor rehearlng. ON Aug.
Ia OF the same year a rehearing was
refused ana on sept. 20 following he
presented a petition to the orphans
court praying that an appeal might be
allowed from the decision of the regis
Ter OF Wits IN refusing to grant a re-
nearing. rms appeal the court refused
TO allow. Attorney "A. A. Nosburg pre-
sented the argument for the appellant.
ne carelully went over the OPINION OF
the lower court ana cited a number of
authorities to sustain his position in
the matter.
MR.. AMERMAN,S ARGTrNrENT
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cretion of the court. In closing his ar
gument Mr.. Amerman said that the
proceedings were LOT the purpose OF De-
logging the tltle OF thoSe VINO nave
purchased portions OF the Nlchols eS-
tate ana TO make 1t dltilcuit TO sell or
transfer any or the land.
In parting with this case ! am part
ing with an Old friend said Mr.. Amer
man. For twelve years it has helped
to feed and clothe me and some of my
brethren as well. thlnk 1t is time
II was ended though, that something
may be left for the heirs
Ten years ago proceedings to open a
road in Jefferson township were begun.
Yesterday the attention of the Superior
court was absorbed for a time listening
to reasons why the decision of the low
er court refusing TO quash proceedings
should not be reversed. This argu-
ment was made by c. b. Gardner, who
represents A. F. Emery, the appellant.
This morning Attorney John F. Scragg
will present the opposite side of the ar
sument. Four sets of viewers have
passed upon the location of the pro-
posed road and over $1,000 has been eX-
pended in litigation.
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