Samuel Blatchford

“ The defendants now move to dismiss the appeal for want of jurisdiction, because the matter in dispute as to each of the defendants other than the executor does not exceed the sum or value of $5,000. United with it is a motion to affirm. ”

“ The defendants joined in a demurrer to the bill, which was overruled; and they then joined in an answer, to which there was a replication, and proofs were taken. The court, held by Judge SHIPMAN, entered a decree dismissing the bill. The court (40 Fed. Rep. 15) decided the case in favor of the defendants on the merits; the opinion holding that, on the facts proved, the gifts of the moneys to the three female defendants were valid as gifts inter vivos, and were accepted by the donees during the life-time of the testatrix. ”

“ The prayer of the bill is for a decree compelling the three other defendants to turn over to the executor the said bank-book, a nd ordering him to receive them and the money deposited in the Connecticut Savings Bank, and to include the said sum of $4,500 and accrued interest as assets of the estate of Irene Clark, and to amend his inventory so as to include the same, and to make final disposition of said money according to the provisions of the will of the deceased. ”