The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-11-06

Ftcm ihs Lsaisviie Leurna';
beiaests or Charity.
The Alexandria (fat Ha4ttN sise6 4 acsoup
Of three will cases that have recently been deter
mined by the Virginia courts adversely to the de
sgns OF the testaiors, Three gentleman, of Alex.
sndfla ~ WI lest y1ry considerable sums Of mo.
hey Tor the benefit OF that city, but owing to some
teqhniGalties, these Wills were set aside, and per
sons whom the testators probably had good res-
sons for not favoring received the money. The
Gazette remarks that in each of these cases the
| Will was written by the testator hmself. Had
shrewd lawyers been employed, the wills might
have been rendered law proof
The recent decision in the Nc Donoeh will case
IN New Orleans has excited good deal OF surprise
and indignation. II is well known that Mr..
McDonogh labored steadily and yea lously through
| many years for the accumulation of large es.
tate, and that he often declared that bis object in
thus iaborng and saving, all. he made was that he
man labored through life for specific purpose,
and now that he 10 dead, court steps In between
him and the great object Of his life and says that
his distribution Of his own property shall not Be
carried into effect. This is, we suppose. excellent
law, but ii is very shabby Justice for If ma n
has any right in this world il to leave the prop
erty he has labored for during life to such objects
as he chooses, and that ia vile despotism that d.
verts Il from the objects which the testator design
ed TO benefit. I'D ~ I7'' -si~ 70"
As general rule, wills that are made for chart.
table purposes are broken and set aside by the
courts. II makes no difference how clearly the
design OF the testaor shines in the will the Court
70 which II 10 submitted IL sure to set II aside If
there 10 possible chance TO do It, Charities are
not IN iavor In courts, and whenever they can be
wronged, wrong 10 certain to be done them. The
money that Is intended for benevolent purposes by
those who have an unquestionable right thusto ap
Tooriate their money, is, in fnany Cases, directed
and goes in,v the pockets Of persons WHO injute
themselves and tho community BY their profit
gacy.
II a man intends Lowing his estate or any por-
ton of it to charitable objects, he ought to be GER
tain that his will 10 rendered proof against the
assaults of cunning lawyers. To this end he ought
to call in the services Of the most competent law
yer in his vicinity while in state of health and
then make his will. A will thus made will be
much less likely to be broken than one made by an
individual who is not acquainted with al the sbom.
nations known to the courts. .#AH4
~ The best way, however, to avoid any difficulty
in the disposition OF money is, for the person who
designs establishing charity to take the proper
steps while he 10 living. As general rule, q per-
son of this noble class is better able to fulfil his
own purposes than his executors will be. If man
designs appropriating part Of his estate to the
benefit Of the poor, let him superintend its dstri
button while In health. He will then have the sat.
isfaction of feeling that they whom he wishes to
bless have not been deprived of the money he de-
signed to use for their benefit. If, however, he
wishes TO leave all his estate, and cannot conve-
nicnty it for benevolent objects while he lives
let him take the surest steps secure the execu-
ton OF his wishes, which is to be found in the EN-.
ployment of the abiest legal authority within
reach Nis far better for the community that an
estate shall be consecrated to benevolent uses than
appropriated by individuals, When man refuses
10 leave his money to his relatives, and therefore
Wills it to objects Of charity, it may be generally
assumed that ne has good reasons for bis prefer
that he was completely alienated from his kindred;
he cared nothing for them, and they showed no
particular regard for him. Although Of his blood,
as he had no affection for them they had no claim
on him The claim of kindred, in the eye of com.
mon sense, depends altogether the affection that
subsists between parties. Where there is no love
there is no just claim, at least claim that ought
ever TO be permitted to override the will of man
in relation TO the distribution Of his own money.
Rich men, while making sufficient provision for
their own families ought always to remember that
the community in which they live and have risen
justly repudiated In our Western States this is
especially true. Property rises In value because Of
the industry and enterprise of the community "a.
ther than by the excrtions Of individual proprie.
tors: man in one Of our rapidly growing cities
or ncighborhoods will live 10 see property which
tost MIN, say ten thousand dollars, worth from
hundred TO five hundred thousand dollars. This
immense increase in the value of his estate is
brought about by the cxertions of thousands Of en-
terprising hearts The rich man Ia therefore in
debed to the exertions of other people for most of
his estate. Under such circumstances the commu.
nifty to which the rich are indebted have claim
on Inrge esta,es which ought IN conscience to be
held inalienable, and when the rich come to die
they ought to remember this claim.
He ia an unwise parent who would place enough
money in the hands of his sons TO render them IN.
dependent Of business for livelihood. There is
nothing truer than that the Of rich men are
more likely TO die in poverty and in disgrace than
the sons of other men who have found it necessary
to attend to business Occupation of some sort fs
Indispensable 10 all. He who has nothing to do is
an unhappy man. A good start in business is very
desirable, while money ehough to relieve one from
the necessity Of business 10 a curse. There ia not
a community in which there may not be found
instances Of the destruction which too much mo
ney too easily acquired brings on human happi-
ness, and too frequently ON human character.
Hence the parent who boards his money for his
children, and Drgets the community which has
cherished him, leaving the former superabun-
dance and the latter nothing, acts with great in
discretion and injustice to both