New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-10-09
IN THE COURTS FOR THIRTY fEARS.
JUDGE BROWN HANDS DOWN DECISION IN
THE CASE AGAINST THE DEVLIN HEIRS

u-DGr BROWN HANDS DOWN DECISION IN
THE CASE AGAINST THE DEvLTN HEIRS
INCIDENTS IN A COMPLICATED SUIT.
Judge Addison Brown. Of the United States Dis
trtct Court has given his decision in n suit which
has been full OF unusually interesting lhcidehlS'
The in question was brought ny frahhn'
J'rson assignee in bankruptcy Of Charles DeVlh'
deceased against the Dcylin heirs II mas oeeh III
the courts for the last thirty years, and has beeh
carried repeatedly TO the Court of Appeals. Inc
sun, Of money originally involved consisted OF
Judgment of $500 against the city of New-1 DIX
on the so-called Hacklev STRENGTHENING contracts
The Judgment II appears. settled under
comnronnise by which the late Charles DeVlln Cd
tanned 100000. The cost OF the litigation II ~
legged TO have exceeded $4,000. The decision JUS
rendered by Judge Brown related 10 sum vi
$4,000 which is on deposit with the Colonial trust
Company This money. which was all that was
,eft of the original Judgment. was about 10 ~ dis
trib,,ted among the heirs when Il was discovered
that Charles Devlin during his lifetime ana Just
before he had begun proceedings IN panhruP'cS'
had made an attempt through nominal asslsn-
nent OF his claim tho $4,000 to member OF Ms
own family to retain control Of It for his own
future use Judge Brown finds that the money IN
the Colonial Trust Company belongs 10 the
assignee of the late Charles Devlin and not TO the
heirs.
OF the original Judgment Of 100000 seven-eighths
has been by COSTS ana lawyers lteS' an"
now the remaining eighth goes to the assignee
70 be distributed it is said, among the creditors
of Charles Devlin Insomuch as Charles Devhn
filed his petition IN bankruptcy, according TO the
decision of Judge Brown in August. 1873. these
creditors have been waiting twenty years Tor
their share Of the funds now adJudged TO be
theirs The names Of the creditors do not appear
IN the legal paper Of the court. In view or the
long period which has elapsed some Of them may
be dead and considerable legal red tape may have
10 be gone through with before the assignee makes
a fnal settlement of his accounts. Judge Brown :
opinion states that Charles Deviir died ntestate IN
ISL and that the Hackley street litigation was
Continued in the name OF his widow. Mary Devlin
Ills dministratrix. and that afterward. in the
name of his son, John b. Devn. as administrator
In the suit Just decided William T. Scott appeared
as assignee in bankruptcy OF Charles DeVlln
against Joseph a Devlin, administrators and
others The lawyers named In the case are Will
lam Ford Upon. for the comp ainant: f. C. Gro
min for the administrator of Charles Devin car
dozo Brothers for the defendant Tuiy and others.
and T. c. Campbell. for defendant knaak. the al
minisratrx of Charles Z. Dovlin.
Judge Browns opinion recites that at one tine
the father. Charles Devn. owned much properly
in houses and lands Trouble overlook him. and
this real estate was loaded down with encum-
ORANGES In 1878 when he assigned his schedule
showed no assets of value. but his debts amounted
TO $50 OCO The previous spring he decided any
property remaining to him of any value 10 nus
children On June l. 1878 Charles p. Devlin the
con according to the legal decision, committed
suicide This the member of the family 70
whom the father had assigned his claim IN the
s24 900 remaining from the judgment OF S2OOOOO