New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-08-21

n, Rsrthrop then applied the Surrogate for letters
n administration upon toe estate With the VIII an
,exed sDd had her 500, John F. Hickman, oned ~tn
lar In the administration By this means the whols
state came 10 the hands OF the present surviving sd
rirsuatCr DR.. John 2. Beekmsn who. having haviog
rasDed Il for near fourteen years without executing
tse trusts created In the will, Hos comes Inlo Court
! claiming that they invalid.
The suit now pending is brought by John p. Beck
uisn surviving ad inistfs,or, &C. Of Dr. bsrinrop
against The People of the State OF New'foTk, mary
Bonior, the Sister OF Dr. Bartnrop ana ner sou.J -
and the administrator Of MIS- BsTtnrop, the ~ido",~ho
died In 1873. ,
The plsnt alleges among other things that there
not In extt nee, al the death OF the testso auy
corporate Institutions societies, or any soceues OF
he fpsme, character or description OF The Socisy
for the Benefit OF Tsilorene, and Se2s.r sses In foe
City OF Philadelphia or Tie Society ior Ine osneu'
Of Taioresses snd Sesmstres,es Ia the City OF Ns~
York, To whom were gwen Si,VOV lor n'o yoai' ''i
he death of the testator.
II Ia then alleged that the provsions on toe wtl re-
speotpg the purchase OF the farm Tor eoUV 'or tne
benefit of the phews and neices Of tne tesaIofsue
provi,on for the establishment Of Pubtc dspensary-
and the dspoon Of the residue add remainder Oh tue
esste In trust to the executors TO pay ana Apply tne
Ut their discretion, for the oenent OF one OF more
societies for the support Of Respectable INDECENT per-
ops" Indefinite and uncertain In their objects, In.
valid and Unauthorized by Law, and unswuly suspend
the absolute power Of alienation of sad estste and are
therefore, VOID
The residue OF the estate In the hands Of the admins
traitor must now amount 10 S3O00OO the whole OF
which, If the will s valid must be devoted TO objects OF
charity Many years ago this VIII was submitted 10
enine ut counsel for their opinion 10 the validity OF
he trusts created and Il generally believed that
hey were valid. Among others. Hon Ambrose l.. Jor
dan NewYsrk, laie Attorney General gave an eabo
rate written oDon In which he held the trusts valid
and capable OF being enforced. His opinion 10 concur
red In By many eminent lawyers. The provisions OF
this will and the condition Of toe estste Is not generally
Known b.y ond the county of Columbia where the es
tor lived and died Many Of the societies intended to
be benefited by the requests In the will probably know
nothing about IT, and none made parties 10 the suit
The IL stands in court. II viii be- seen is In
specuiar condition. The administrator whose duty 1t
10 sustain Snd execute these trusts alleges their nva
Eiity and employs counsel TO thus argue Ia court
Hence it behooves all interested In the execution of
these noble charities to the that their validity proper
iT maintained
But if il should turn out tina. the esstor In disposng
Of his large estate 10 charity has contraveDed some rule
Of law IL oouotess presents proper case for the inter-
rence OF the Legislature by which suitable direction
can be given TO these charitable bequess and the OBJ
jec of the tAststor thus attained. There are no chill
den relatives of the teststor In this country 20 be
affected by the execution of the will aud IL presents
simple case whether the shall be devoted TO OBJ
jects of public charity as the eststor Intended or
whether II sh, go TO individuals having no claim upon
the testator county, equtaby entitled to any por
ton Of the estate. The eminent Judge Dder, OF the
Superior Court Of the City of New.York, In the
case of ATes vs.. The MatOdia Church, DC,
3 Sanford, Superior Court Reports, $40, Ia hold
ing a bequest for charity In that con-
tary TO law, thus speaks of the propriety under
such circumstances Of applying to the Legislature to
egaze it, The necessity Of appeal 10 the Legisla
ure Ia other whore perpetues sought TO be
created we cannot regard as an evil When new and
plainly mertorious charity is ant 10 be founded sSsh
as q hospital asylum library, college, or school,
OF fear that the sanction Of the Legislature
will be withheld, will be deemed a subject OF
lust regret that when the aid of the Legislature Ii re-
CURED 1t will have the opportunity of considering
whether the claims fair expectations Of wives chill
dren or relatives have been overlooked or sacriced.
In whatever way these meritorious charities of DR..
BaIthrop TO be inforced, whether by aid OF the
equity pc of the Supreme Court or by act OF the
legislature It's but just that under competent authority
the estate oud be devoted to the objects intended by
the teststor.