Circuit Court Of the u. g.
Presant .Tudgea Nelson and Rats
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This Court for the last three days have been occupi
with hearing an argument not yet concluded in some
important excitement suits which tried at the last
Circuit verdict having been taken subject to the OPT
non Of the Court upon questions of law The plaintif
Thomas B. Clarke, who claims to third oi
the large and valuable premises at Greenwich in the
neghborhood Of the 9th and oath and 25h streets
which were sold by her father in his life time trustee
under certain acts Of the Legislature Suits for the
maindsr it is understood are pending brought BY ae
upon the decision in these cases.


Mrs Mary Clarke in the year 1902, devised part Of
her farm at Greenwich and lot in Broadwayto trustees,
and to receive and the rents to Thos Clarke during
his life and at his death to convey to the surviving chill
dren. The Legislature accepted the resignation of
him sell mortgage half of the premises with the
assent Of the Chancellor for the support of himself and
his children and the titles of the defendants have
ed under conveyances in pursuance of this appointment
The plaintiff maintains among other points that the acts
unconstitutional and vod that valid they confer
ed only salutary power which was violated in the
vey anccs, the consideration not having been entirely
cash. and that in the sale void because
premises had been previously mortgaged and the sale
thereby exhausted.


The defendants maintain that the acts were valid they
having been so adudgsd BY the Supreme Court and tn
Court OF Errors in 1887, in Cochran Van Surlay
where the same questions discussed and decided
and that sound policy requires that the titles which have
disturbed that under the will the children during the
life of Clarke had only contingent remainder posi-
ms hrar upon .ner tnelr iatner ana
their rights had suffered that Clarke, under the acts
held the entire Zee as trustee and court of law
enquire into the due execution Of trust power
ciay as he was vested with discretion to the
and terms of sale.


The the part of the plaintiffs ably and in.
genousy presented to the court by Mr. d. D. Field who
was followed by Mr.. John Jay and Mr. Daniel Lord for
tho defendant MIR. John Author also associated with
the defence commenced an argument Saturday which
will be continued to-day. Mr.. Anthem stated in his
opening that the premises in question estimated


quarter OF million Of dollars and that the tract
for the children blythe Of the legislature and which
they had eajoyed was of equal value The Importance
OF the principles involved well the at stake
and the fact that the highest judicial tribunals of State
has already passed upon the principal questions
bne to invest these cases with unusual degree Of
terest.