The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-02-19
A PROBLEM OF OWNERSHIP.
THE WILL OF THE LATE DIR. MOSES
sHEFTALL UNDER DISCUSSION.

/ Store on Congress Street BequeRthed
10 His Daughter, Mrs. PerIa Solo,
mons, Since Deceased, and COndf-
tiOnally TO His Niece, Nellie Cohen.
The Property Bequeathed by Mrs.
SOIOmOns to Her Adopted Daught-
err, Mrs. Abrahams-The Daughters
of Nellie Cohen Claiming the Prop
erty Under the VIII.
Judge Falligant spent nearly the entire
day in chambers yesterday hearing argu-
ment from Col William Garrard and Mr.
r. Saussy upon the rights of their re-
spective clients to certain property be-
qreathed by the will of DR.. Moses Shelf
tall. DR.. Sheftall died in 1850. His will
was written by himself, and was of rather
unusual character In 1t he bequeathed
the store, No. Ill Congress street, east,
to his daughter, Mrs. Perla sheftall 500
mons, and If, at her death, she had no
issue, TO his niece, Miss Nellie Cohen the
two daughters of the latter, Mrs. Hertz
and Mrs. Weissbein, are now contending
for possession of the property, their
mother being dead.
Mrs. Solomons died in 1897 at an ad-
vanced age. She left no children of her
own, but had an adopted daughter, Mrs
Abrahams, TO whom she bequeathed the
property, and who is now in possession.
The two grandnieces Of DIR. sheftall.
Mrs. Hertz and Mrs. WeIssbein. contend
that under the will of their granduncle
tne property could not be inherited by an
adopted child, and that as the heirs OF
fhxr- -
titled TO the property which is valued at
about 5000. Both attorneys in the case
lad especial stress upon the language
used an making the bequest, IF she have
no issue"
Mr. Saussy contended that an adopted
child could not be considered as the lis
sue OF the person adopting, and that.
consequently the will must be carried out
according 20 the expressed intention of the
testator, Moses Sheftall who directed that
IN case OF failure of issue by his daughter,
the property should go to his niece
Col. Garrard took the position that the
manner of the bequest creates an entailed
estate, and that under the Georgia law of
1871 such an estate terminates at the dea III
of the first heir, and that in such a case
the property goes to the first taker which
in this case is Mrs. Abrahams Numerous
authorities We're cited by both attorneys
81 9uppOiL Vi tH6lF respective positions.
The case was continued until Tuesday.
DR.. Moses SheftalI, who made the will.
a portion of which is now under discus
sion, was a son of SheftaH Sheftau. a
veteran OF the revolutionary war, who
lived in the old wooden house on Brough-
ton street opposite Lovelrs Sons hard
ware establishment. The old house is
still standing, but has been converted into
a store. There was a long piazza to the
house when ii was used as a residence.
and this was Mr.. SheftalIs favorite prom
enade. He always wore cooked hat and
knee breeehes. For this reason he was
known as "Cockedhat" SheftaH by the
small boys of the city, who stood in great
awe of him. There are men now living in
! Savannah who remember to have seen old
Cocktail Sheftall promenading his pi-
azza on Broughton street. when they were
boys.
DR. Moses Sheftall inherited some of his
fathers pecularities, but was a man of
kind disposition and generally highly re-
garded.