Page:Federal Reporter, 1st Series, Volume 8.djvu/234

 220 PEDEBAL EBPOETEB. �income, if any, is not sufficient to support the ward in the asylum, where he is likely to remain, and that the personal estate is not suf- ficient to defray the expenses already incurred for that purpose ; and also that it would be for the benefit of the ward to convert his land into money. �Upon either or both of these grounds the court had authority to lieense the sale upon this petition, and having done so the purehaser thereat acquired a good title. This being so, the motion for a new trial must be denied. and it is so ordered. ���Paekes and others v. Aldeidgb and others. (Circuit Court, D. New Jersey. July 19, 1881.) �1. Testament ART Charges upon Rbal Estate. �Only when there has been a complete disposition of the personal propertyby the testator, will it be presumed that he meant to charge the laud with thepay- ment of a legacy, or the raising of money to be applied to a specifie purpose. �2. CONCtJRRBNT JmiISDICTION— FEDERAL CollRT — StATE COURT. �Of two courts, the one a fedeial court and the other a state court, having con- current jurisdiction, the one flrst gaining complete Jurisdiction o ver the contro- versy is entitled to retain it. A particular will construed. �S. B. Ransom, for complainants. �Whitehead & Cushing, for Sarah Jane McClelland. �Tho. Reyerson, for the executor. �Nixon, D. J. The original bill of complaint was filed in this case by George Parkes and others, children of Eichard Parkes, late of Bellville, in the county of Essex and state of New Jersey, deceased, for the construction of the last will and testament of the said Eichard, and for other relief, touching the administration and disposition of the estate, in the said bill particularly set forth and specified. He departed this life on or about February 28, 1873, having first made and executed his last will and testament, which, omitting the mere formai clause, was as follows : �"(1) It is mj will, and I do hereby order and direct my executor hereinafter named, to pay all my just and lawful debts, death-bed and f uneral expenses, as soon after my decease as may be convenient for him so to do. (2) I do hereby give and bequeath unto Sarah Jane McClelland, my housekeeper, for services rendered, the brick house now occupied by me, together with the ground surrounding the aforesaid brick house, said ground being of the fol- lowing dimensions : Ninety feet front on William street, about 126 feet deep, running along the north-easterly line of Greenwich street, being a plat of ground 90 feet front ^nd rear, and 126 feet deep, and now fenced in as a gai- ��� �