The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-14

to be divided between Mrs. Bessie A.
Spence, second wife of L.. Harvic
Spence, to L. Harvle Spence. Jr., and
Miss Mary d. Spencer. Collateral heirs
attacked the will. alleging undue in
fiuence, without success. Although
the deceased was said to lave appeared
In public enrobed in undertaking and
linen buster. this was attributed to
the eccentricity OF old age.
In the case of Tisdale VS.. the Com
monwcalth, from Norfolk, the decision
Is affirmed. Tisdale was convicted or
conducting a gambling house. which
was raided and found to contain
faro bank and crap outfit Various
technical points were made by the de-
PENDANT in attacking the proceedings
by which he was convicted.
Mrs. Charles ]. Mckee is required to
pay $3.50 to the Bunting McNeal Real
Estate Company. of this city. She pur-
chased a lot In Boulevard Residence
Park. a suburb of Richmond, with a
proviso that she was to erect n house
to cost not less than $4,000, or else pay
$3.50 more for the lot. 1t is held in an
opinion by Judge Buchanan that the
Judgment Of the Law and Equity
Court, requiring that this sum be paid
because of her failure to erect the
house, is right and must be affirmed.
Three Judges "Concur.,
most unusual procedure Is had In
the case OF William l.. Cardwell
against the Norfolk and Western Rail-
way Company. from the Circuit Court
OF Carroll County. The opinion is by
Judge Cardwc]l but there is also fled
what is called concurring opinion,
signed by Judges Buchanan, Harrison
and Whittle. These three, making a
majority OF the court, say they agree
in the Judgment which reverses the
trial court, but do not agree in the
view OF Judge Cardwcll regarding the
practice of the court in ruling under
section 1854 of the Code This matter
Is treated by Judge Cardwell at con-
siderable length, involving the extent
to which the court will go in review
ing evidence supposed to have been
already fully considered by q jury.
Cardwel was given $4,000 damages,
which the lower court later set aside.
He is now granted a new trial
Gertrude Jackson. illegitimate daugh-
ter of William B. Williams. a pros
porous Richmond negro huckster, Is
given his entire property by de-
cision written by Judge Harrison. A
daughter born in lawful wedlock, now
Mary p. Brown, loses the estate, which
was appraised at S23.S30.2S. The court
finds that will was In existence up
TO about the time of Williamss death.
in which he left the property TO his
natural child. who had lived with him,
while his other daughter had not been
associated with him for a long time.
The will was missing after the
funeral.
Bank Creditors Lose.
An important case decided was that
Of Pennington. receiver. against the
Third National Bank of Columbus, Ga
This bank discounted draft for So,
S0145, drawn by Columbus concern
on the Tarboro Cotton Factory, of Tar
boro. n. c., with bill of ladins at
tached. for thirty-five bales Of cotton.
The consiEnee paid the Bank of Tar
boro, 10 which the draft was sent for
collection. by check on the PamIico
Insurance and Banking Company. OF
the same town, which In turn paid the
Flank of Tarboro with a check on the
National Bank OF Commerce in Nor
folk, Va. The latter concern charged
the Pamlico Bank with the amount and
put II to the credit of the Bank of
Tarboro. which institution was then
insolvent. a fact which was known to
the cashier and assistant cashier alone.
Judge Whittle. in rendering the deci-
sion OF the court. holds that the
cashiers knowledge is the banks
knowledge. and that the money, held
by the National Bank Of Commerce,
must be paid to the Third National
Bank OF, Columbus, instead OF being
funct Bank of Tarboro for the benefit
Of its creditors.
: Everybody Loses Out.
Nobody gets anything from the APP
peal taken by all sides from decision
of Hastings Court, Part H.. of the city
of Richmond, in case involving con
demnation of land to widen Seventh
Street, South Richmond. The land de-
sired by the city, lying between Nc
Donough Street and Semmes Avenue
was owned by T. c. Williams and leased
to the Allegheny Box Company. Com
missioners appointed by the court al
lowed Mr.. Williams s1.60O damages for
the land to be taken and gave $3.50
to the box concern for expense for
moving lumber and for rebuilding a
fence. The city objected to the last
named item. So did the Allegheny Box
Company. Mr.. Williams objected to
the amount given him. So everybody