I certify, that A. B., of the city of New-York, has this day commenced his clerkship with me, to procure an admission as a solicitor of this court. B. R. a practising solicitor of this court. It being shown to my satisfaction, by evidence produced by A. B., that he has regularly pursued classical studies for three years, since he attained the age of fourteen, let an order be entered in the minutes of the court, allowing to him said period of three years in lieu of an equal time of clerkship. Dated, New-York, June 1, 1830. In Chancery, In the Matter of the Clerkship of A. B. W. T. M'COUN, V. C. On reading and filing the certificate and allocator of W. T. M'C., one of the vice-chancellors of this court, and on motion of B. R. of counsel, it is ordered, that the period of three years for classical studies be allowed to the above named A. B., in lieu of an equal period of clerkship. Before the Vice-Chancellor of the 1st (or 3d) Circuit.(2) (4) Complaining, show unto your honour, your orator and oratrix, I. K., of the city of New-York, merchant, and M. E. K., his wife,(5) that I. T., junior, (1) These pages refer to those of the Treatise. (2) If filed in the 1st or 3d Circuit. (4) The Introduction. (3) The Address. (5) The stating part or premises. 2 3 4 5 6 7 late of the same city and state, merchant, deceased, who was the father of your oratrix, M. E. K., being in his lifetime seized and possessed of a large real and personal estate, and being of sound and disposing mind and memory, did on the 4th day of November, in the year of our Lord 1799, make and publish his last will and testament, and caused the same to be attested in due form of law, to pass thereby real estate. And your orator and oratrix further show, that the said I. T., junior, did, in and by his said last will and testament give, devise, and bequeath unto his wife Christine, to his son Archibald, and to your oratrix, his daughter Maria, and to their heirs and assigns forever, all his real and personal estate, of every nature and kind, to be equally divided among them, share and share alike, when his said son should attain the age of twentyone years. And he, the said I. T., junior, thereby nominated and appointed his said wife to be executrix, and his friends I. D. and I. T. to be executors of that his last will and testament, they both being then of the city of New-York, merchants; and he thereby revoked all former and other wills by him theretofore made, declaring that to be his last will and testament. In witness whereof, he, the said I. T., did thereunto set his hand and seal the said 4th day of November, in the year of our Lord 1799; as by the said last will and testament in the possession of your orator and oratrix will more fully appear, and to which for greater certainty they pray leave to refer. And your orator and oratrix further show, that the said I. T., junior, departed this life in or about the year 1801, without having revoked or altered his said last will and testament, leaving his said wife and his said children, to wit, Archibald T. and your oratrix, Maria E. K., his only children and heirs at law him surviving, which said children were both minors under the age of twentyone years. Your orator and oratrix further show unto your honour, that the said I. D. and I. T., the executors named in the said will, caused the same to be duly proved, took out letters testamentary thereupon, and assumed upon themselves the execution thereof. And your orator and oratrix further show unto your honour, that the said I. D. and John T. took possession, in virtue of their said character of executors, of all the personal estate and effects of the said I. T., junior, deceased, amounting to forty thousand dollars, or some other large sum of money. Your orator and oratrix further show, that the said C., the widow of the said I. T., deceased, departed this life a few weeks after the decease of her said husband, in or about the year one thousand eight hundred and one, intestate, and leaving the said Archibald T. and your oratrix, Maria E., her only children and heirs at law. Your orator and oratrix further show unto your honour, that the said Archibald T. arrived at the age of twenty-one years some time in the year of our Lord one thousand eight hundred and three, your oratrix, Maria E., being then an infant of about six years of age. That by an order of the surrogate of the city and county of New-York, the said I. D., John T. and Archibald T. were, on or about the fifth day of June, in the year one thousand eight hundred and six, appointed the guardians of your oratrix, Maria E. K., then Maria E. T., as by the letters of guardianship in the possession of your orator and oratrix, and ready to be produced before this honourable court, or by the record of the said appointment in the office of the surrogate of the city and county of New-York, will more fully appear, and to which your orator and oratrix pray leave to refer. And your orator and oratrix further show unto your honour, that on receiving their said appointment, the said Archibald T., I. D., I. T. and John T., of the city of New-York, merchants, as their surety, entered into a bond to your oratrix in the words or to the effect following, that is to say: Know all men by these presents, that we," [guardianship bond set forth verbatim;] as by the said bond now on file in the office of the said surrogate of the city and county of New-York will more fully appear, and to which your orator and oratrix pray leave to refer. Your orator and oratrix further show unto your honour, that about a year after the execution of the said bond, and the appointment of the said Archibald T., I. D. and I. T., to be the guardians of your oratrix as aforesaid, the said I. D. and I. T. made a division of the personal estate of the said I. T., junior, deceased, and of the said Christine T., without having kept any separate accounts of the two estates, between the said Archibald T. and your oratrix, then Maria E. T.; and on or about the seventeenth day of August, in the year of our Lord one thousand eight hundred and seven, transferred and delivered in bonds and mortgages and money to the said Archibald T., including certain advances made to him, and moneys paid for him prior to that period, property to the amount of sixteen thousand one hundred and seventy-two dollars and eighty-five cents, and they at the same time transferred and delivered to the said Archibald T., as one of the guardians of your oratrix, in bonds and mortgages, navy certificates and cash, the like sum of sixteen thousand one hundred and seventy-two dollars and eighty-five cents, excepting certain moneys stated to have been paid, and which your orator and oratrix believe were paid for, and on account of your oratrix, amounting to the sum of fourteen hundred and five dollars and fifty-four cents, leaving a clear balance of principal, which, with arrears of interest, amounted to the sum of fifteen thousand four hundred and sixty-eight dollars and ninety-four cents, on the said seventeenth day of August, in the year eighteen hundred and seven. That the said I. D. and I. T. at the same time delivered to the said Archibald T. a book of account, exhibiting the property of the said John T., junior, deceased, and the respective shares thereof of the said Archibald T. and your oratrix to be as herein stated. Your orator and oratrix further show unto your honour, that besides the personal estate above mentioned, whereof the said I. T., junior, died possessed, as aforesaid, he was also seized and possessed of valuable real and leasehold estates in the city of New-York, and which passed by the said will; the rents, issues and profits of which, from the first day of May, in the year of our Lord one thousand eight hundred and six, to the first day of November, in the year one thousand eight hundred and seventeen, were received quarterly by the said A. T.,. and that the same during the said period amounted to the sum of twenty-one thousand seven hundred dollars, all which came to the hands of the said A. T. And your orator and oratrix further show, that your oratrix was entitled to a moiety of the rents, issues and profits so as aforesaid received by the said Archibald T., and that your orator and oratrix are entitled to demand and receive the said money, together with interest from the times when the said rents, issues and profits were received by the said Archibald T. as aforesaid. Your orator and oratrix further show unto your honour, that the said I. D. departed this life intestate in or about the month of June, in the year of our Lord one thousand eight hundred and nine, leaving three children him surviving, that is 8 g 10 11 12 13 14 15 16 ment A. 17 to say, James D., William D. and Jane D., his only children and heirs at law, and that he was seized and possessed, at the time of his death, of a very large real and personal estate, amounting, as your orator and oratrix believe and charge, to the sum of one hundred thousand dollars and upwards, and that his widow R. D., and I. M., junior, of the city of New-York, merchant, took out letters of administration upon his estate. That the said James D., one of the sons of the said I. D., deceased, has lately died intestate, and as your orator and oratrix are informed and believe, no person has administered upon his estate. And your orator and oratrix further show and charge, that all the personal estate of the said I. D. the elder, deceased, amounting to fifty thousand dollars and upwards, after payment of all debts due from the said I. D., came to the hands and possession of the said R. D. and I. M., junior, or one of them, to be administered by them, and that in addition thereto, the said I. D. died seized of, or entitled to, real estate within this state which descended to his said three children, I. D., junior, deceased, W. D. and Jane D., to the amount of fifty thousand dollars and upwards. Amend- And your orator and oratrix further show unto your honour, that your oratrix annexed. became of age on the fifth day of November, in the year of our Lord one thousand eight hundred and seventeen. That in the month of June, in the year one thousand eight hundred and eighteen, the said I. T. delivered to your oratrix a bundle purporting to contain the accounts of his guardianship, and certain deeds and papers and securities for money, and at the same time presented to your oratrix a paper, which he stated to be a release to him individually, and requested your oratrix to execute the same, alleging that he had faithfully performed his trust, and that he was entitled to a discharge accordingly. That your oratrix having the fullest confidence in the said I. T., and being well assured that he would not ask her to sign a paper that she ought not to sign, readily and without examining or even opening the bundle, executed a paper, purporting to be a release to the said I. T., but to which your orator and oratrix pray leave to refer for greater certainty, when the same shall be produced and proved before this honourable court. And your orator and oratrix fur her show unto your honour, that when the said paper was so handed to your oratrix by the said I. T. for her signature, she was without counsel, or any friend to whom she could resort for advice, and that she was induced to execute the same from her entire confidence, that her said guardian would not require her to do an act which was not in itself strictly right and proper to be done. 18 19 20 Your orator and oratrix further show unto your honour, that some time after the said bundle was delivered to your oratrix as aforesaid, when she came to examine the contents thereof, she found it contained a deed from her brother Archibald T. for a moiety of a house in Pearl-street, valued at ten thousand dollars, and for four equal undivided fifteenth parts of a house in William-street, valued at one thousand eight hundred and sixty-six dollars and sixty-four cents, a conveyance for a house situated in the village of Newark, in the state of Amendment A, on page 15 of the bill, between lines 5 and 6. "And your orator and oratrix further show, that the said Jane is married to, and is now the wife of James Neilson." (Annexed to the Bill.) |