New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-11
La " NTEZLIGENCE.
SUPREME CoURr-SPrcnL TEsS.
nEEIZInxg

William Barthrop was physeisn resiting In tho
village If Kindefhock had acquired
ips TO about 1870 died tina, village ia October 1855.
having made his will and eoiei thereto IN due form Of sw
the October 1887 the c0dcl In October 1888.
few days before his death He LETT widow. but dsscend
st and no capable of nhertns hi. real his ssr.
May Bon.o ard her children ,uived h' they ros
dents Of Eng and AZ alien 10 this country lie mate special
or rot Ministerial TO the only questions here which
what his Ill Ard can Be legally carried out but that hs
he m hi. bounty be extended them and what shoai
be It's mts TIE great object Of his aud OF two Of the four
codic was his redu.y estate being BY "a. thu
larger part OF b., property, to charitable uses Tie CHANGED hs
bounty bat kept steadily in view the de'in thai some chart
table s9nd ON Ans Ss linz n es an, al
lame the confirms The will Of the Ia this
b s, H m Sse the h1d so
charity The viii also directs the executors to purchase
The Executors having will admitted 10 prob,te
the Si % % ns ~ oa
ber 1851 this action to have Judicial constrae
:, as the chae. consmpa,ed by tbs tests
tor entitled TO the real estate OF it proceeds ana
those aims and that they might snst,io the dy
of the the osbeir The plainf does nse
nut bnself the position of Gaining rights o. ohr
pT any objection DIRECTION OF the Court bat the
s. Of the viii END cds 70 the eni that the said viii ,ad
eodcs provisions thereof incident relating to ths
jed and tbi, plaintiff Ia Iy advised In relation thereto
No question therefore arise las was suggested ho. INC
Court carry III, Adanaior should
isdosnt of the Cont and is willing
sucton direction of the Court shall DO just aud psPes
The testsor directs purchase farm In
Bop.o not exceeding 5000, a. an asylum th.
occupy but the executors were to hs
asehew and pece Is they should hilk M and amer ye.
the executors might sell the same and sppoon me m".
they houd think Just lie oo direct, that after tho eKPir,
Of 7. ssf there BE- est,bhes puzzle d.pn.,y ~
NewYork simi plan for INDECENT parsons both -
hment al their own homes daily the d. ns,,;
bis executors to consult adcou. men IN Mbapy Iepe ny
yearly e,pense.. by his last codel he d'poses Of 1000
In certain chaes and other egaoes aud direct, ths
proyin in bis viii ressrd the dpenssy TO bs
dtfsd, end gives and b-qae tn' all BIS e'tle then re-
they shall pay apply the In such and Ia such
and time in their discretion they shog think h and
ploper 20 the other officer having tho cement
OF lho % nsctsbs osY.o,s especaly female, AMI
paSs end for the use Of sad society societies. hereby
enng 70 sye my executors full Discretionary powers q, %
tie disposition Of the same that the shall bs applied
As he direction to purchase farm for the benefit Of ts,
ner required to be kept asylum fot If
teen only then sod the question whether that rsc
inrorta ce o the fifteen year, have already expired But
ar bat the Executors sell the farm and
" as hey siord think just.
Of yeus the title In such OF the nephews and neee or oi
their Les survivors, the Executors chose suspended IN,
power Of alienation or term Of and uni.wfa IL all
tho heirs or survivors OF a OF thon
at any time prior the expr,ion Of the fifteen years asa
the yesr had joined Ia Of Tho
psss Tor If aDy thn lied snd lett heirs. the Executor.
might o, the whole to such heir, ~ s9 .ho wonf
take their who had Joined In the c2n'eyaeee.
but the power In the wi and ihs
that the sseious a. 70 Dpens,ry wsss to,
indefinite TO be carried into effect The place Of the Dspsns
ny sufficiently definite; il was to be public and similar %
that City New York and TO DO for INDECENT persons.
both sick and lame who were 70 be attended BY physician
90 be elected the esablshmSE at their homes, and
to referee TO inquire and ascertain the plan OF
The DsTepsaIy in the City Il New.York, mrt coumony
known the NewYork Dpensay or 50 known any ne
rror October eJ7 when the codc made, would PROB
the for the
aeriou in the dnbuion Of this fund They plain
AID Institutions. costing bat little 10 money Though
much the time and patience Of The physician, s.;sntn s
them who ore partly X. 9 sSs, oo de-
where the institution to be estabheJ may be plain
de nee u tsstcr had been for long NO. that would
be place especial regard and when none 9tnst was
y dwell when hs naned place b. would DO So ua SIP.
posing hs. The place whss t' elections as Dea os h
The executor, were from that village the Of stuy
yslsn t Sei wsn aud
their berg ns.r They better able
eomrh . obet naturally dear TO one whose g.persnss
bors 1he plan is 10 be similar 10 that N ssw'fos
liar Il It be Made S q % Sn nO wa. 10
that city but IN this liberal dscre1n wond 90
allowed to the person to whom tho trusts VI tue WI" $40 ''"
When the plan should hu' determined ia expense ooad
eeItsny known aud the residue would be devoted 10 m'
other charles directed by tho last codicil
depe il ,uld not follow that hs beque.t the residue
th refore void When follows Is becayse
the intent the that the gsee under tho fosduy
esu,s should be res ctei tho BE- received BY hun.
the balance that would remain after sans me PRIOR be
quest These exceptional and should not be extended
The general hst the bee Of the residue OF psrsont
passes all peoLa properly not eieenay disposed ey
viii slthoushs different s revs - TO real estate tSs'
% Weud 40. Van Kleeck The Dutch Church.
the benefit u one 'Oce les for tho
port indecent respectable person. especially females AMI
crhsn with discretion IN tho EXscutofs 20 elect among
tho society societies be beoehe at such TINS
thcf Goald f the other. that tho Executors
yfe
aud hans but might spPy the fuId 20 any obscts CT
of the WIN snd hr clanse Hereby intending 10 sveto my
fail dcTt t.nary powers a. 10 the dspontoa o.
hot that the shall be applied 70 objects "a
charity coming 80 does. after tho trust to them 70 sgpy
tho tunts " societies for tas beneht "a
ascTson. have been inserted only the moro
cCtuay eondni tho discretion VESTED In the IN
probably tho same tae soec'ie. OF Pcssoas ar 70 90
by The e,ercc OF the ludsmnts Of TIE Etses,n an,
.hen hn issHsa, passed ih arc " %. sssss. .rs "a
,neh poIns shall EomEstc. OF tho person aamnssenns
NV VIII shalI nominate.
Az ss,o,sd by The decision 10 Williams Williams In svey
ssd ssiHoy lucid opiaion delivered BY Judge p,nio
"hs sia 10 capable Il bas executed by jadcih decree
Aaaw q Why he Court should rsfase 10 execute
rhsss good us'ss to take the ,an IN ne h ~
sss.s ssL spsses.os u may be provided By tho
Coat H sss spPcs'hess /. shss :. cue g 10
ssus dc ssy n IA s,isss 10 sssA 10 ENJOY tbs
bsssa II the legacy Whsa the s,n to trustees wih gea
,s; 'ess objects sO,s,ss ss the ssan ~ s'n sse
sAe fss III. esnrstsi Ae eonseausles s nsih
sei.s ssiss sAs erection u school, or even $3.50 .s
ss ne rs-i wti .s.ssSs che trss de. |. 20 =
.sss ~ dste, les ,saisaass and the eeeo
.s.s tAs ay,1.sliea VI the issA ne A'ns S"
| ysssts, .--.., ..A Al. Coat es.
a., wss Iaa sAst " % ass rss'asssi' % "'a'''