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1 City of Philadelphia vs. Girard, et al.: Argument of F. Carroll Brewster, Esq., City Solicitor. before the Supreme Court, May 22d, 1863 1863

handle is hein.trials/adhb0001 and id is 1 raw text is: MAY IT PLEASE YOUR HONORS:- This case is presented here for argument upon a writ of error to the Court of Comimon Pleas of Schuylkill county. In that Court the heirs of Stephen Girard brought an action of ejectment to recover the possession of certain Statement valuable tracts of coal land. They obtained a judgment of thecase. below, and the city of Philadelphia has sued out this writ of error. The points for discussion here arise upon exceptions to the rulings of the learned Judge, before whom the cause was tried, in his construction of the will of Mr. Girard, through whom both parties to this controversy claim title -the plaintiffs as his heirs at law, the city as his devisees. Mr. Girard was for many years preceding his death, one Reference .to the tes- of the most active merchants of this city. By persevering tator. efforts, joined with keen foresight and habitual prudence, he was enabled to amass a princely fortune. It was most aptly remarked of him by Mr. Horace Binney, (in an argu- ment before the Supreme Court of the United States, which must ever stand as a monument of its author's fame,) that the influence of Mr. Girard's life upon a solitary man, might have ended at last without surprising us in the death of all the social affections and in a sullen intestacy distinguishing nothing by his remembrance, from loving nothing that he left behind him. But from this impu. tation, Mr. Binney rescues Mr. Girard's fame, by an analysis of the will, which shows the testator to have been mindfnl of every claim and claimant upon his bounty or his love.

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