Kosciuszko Armstrong, Appellant v. Benjamin L. Lear Book Reviews

Kosciuszko Armstrong, Appellant v. Benjamin L. Lear by United States Supreme Court Book Summary

APPEAL from the circuit court of the United States of the district of Columbia, for the county of Washington. On the 1st day of April 1829, the appellant Kosciuszko Armstrong filed a bill in the circuit court, setting forth his citizenship of the state of New York, and that Thade Kosciuszko, late an officer in the service of the United States, in the war of their revolution, and of the republic of Poland, on or about the 5th day of May in the year 1798, placed a large sum in the hands of Thomas Jefferson, Esq., late president of the United States, far exceeding the sum of ten thousand dollars, and executed a will and testament, a copy of which is herewith filed, and marked exhibit A, and which this complainant prays may be taken as a part of this his bill. That afterwards, to wit on or about the 28th day of June in the year 1806, the said Thade Kosciuszko, being then domiciled at Paris, in the kingdom of France, executed a certain instrument of writing, being in the nature and of the effect of a last will or writing testamentary, whereby he willed and directed that at his decease, the sum of three thousand seven hundred and four dollars, current money, should be possessed by, and delivered over to the full enjoyment and use of the complainant; and the said testator thereby instructed and authorized his only lawful executor in the United States, the said Thomas Jefferson, to reserve, in trust for that special purpose, of the funds he held belonging to the testator, the aforesaid sum of three thousand seven hundred and four dollars, in principal to the complainant, to be paid by him, the said Thomas Jefferson, immediately after his decease, to the complainant, and, in case of his death, to the use and benefit of his surviving brothers. That the said testator, on the day and year aforesaid, duly signed and sealed the said instrument of writing in the presence of two competent witnesses, who attested the same, and acknowledged the same, on the same day, before Fulwar Skipwith, commercial agent and agent for prize causes for the said United States, at Paris; and then delivered the same, under his hand ans seal, to John Armstrong, father of the complainant. That afterwards, to wit on the 15th day of October in the year 1817, the said Thade Kosciuszko departed this life, leaving the said instrument of writing unrevoked; and the same was, after the death of the said Thade Kosciuszko, admitted to probate, and duly proved in the orphan's court of Washington county; a copy whereof, exhibit B, he prays may be taken as a part of his bill.

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