New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-01
La " LNIELLIGhNCE
AN INTERESTING WILL CASE

SUPREME Court.
John p Beelmsn Adnintrstor ~, Of VIM Bsrihr9r, de-
ceased, act 1sa People AID othsFs
Jssk VAN BUsEs aod VIZ KENT for Plaintiff UsDtR-
hill for NJ. Bonsois II. REYNOLDS and J. BLUNT !sr
The People.
This case, which was brought 10 obtain q Judicial
construction of the will Of Dr. Barthrop, OF Kinder
hoe came up for last Term before the Sd
p,eme Court in this City. As the case, from the
large amount Of property comprehended in the fedu
sry clause lover s5O OOO whi.h directs il 70 be dis
hibuteo among our charitable institutions has e.
cited great interest among their managers, re give
the following report Of the Argument:
Mr. J. BLUST-Afer the very careful and elaborate
examination by the opening council for toe plsinth
and ihe peopl., OF tae decisions that h-ve neen made
touching the law Of charitable uses. my duty Will be
confined TO brief Iecspu.stcn of the facts ia THE
Gaze, and reply to the principal objections urged
against tie validity Of this will.
From the cou1 sci for tue plaintiff ue learn, that
shortly after the revolution, young Eogisornsn ei-
tabshed binself in kinderhook as 4 plysician. and
in tie course Of tine married widow Of good estate,
who wss the mother Of u plaintiff, aud one VI tbs
defer dsnts by her first huoband.
In 1888 oi.o. leaving no oiaiidron, and M. wa"
estsy Ia her own right His only surviving rela-
tivep we ere informed, were sister whom 81 leitn
England, aud ker children, whom he probably never
During tire year prsc sding bis desth his mind vas
often occupied in making the hasl disposition y. ale
estste v6ich was large.
In October, 1887, be made his will, and, After max
ing suitable provision for his widow, gave various
legscs to bis ulster and her children 10 his two step
sope ana 10 the children Of many OF his neghbors,
whom be bad probably attended as q family ply
ticGn. He then gave The residue OF his estate TO GER
tain charitable ,oceiies, chiefly for tue relief II f.
rLalee giving however N his executors discretion
sry power TO withhold the legacy from any society
which was not properly conducted. lie also directed
that bis executors thculd collect his debts In the
courfe of eight ten years he did not wish per-
cons unnecessarily hurried for payments. II suose
quently ADDED ,eversl codicis 10 his will ell OF them
Indicating his lite non TO devote the resifis OF his
estate 10 charitable societies for ths relief OF fm lies
That indication is 20 be seen in the cOdij II the 18th
OF MAY 1898 and also in the last cOdcil u Oct, -,
1893 refer TO thee codcils 20 show that tins in
tertion was never laid aside during the whole time
In the fret oodici 10 the will there are tTo prosis-
lone that the plaintiff cts to- and which, her store,
r.ouie TO be- noted The fret il direction to the
executors 20 buy farm for So 0o0 for the benefit of
bis n.phews ard nieces where they m,y resiae ttey
think it, for fifteen yesIs when the same Ii to Dc sod
and the proceeds divided emOng them.
II fscoDd lie direction to his executors to buiid
Public DispeDssry like that in New York, for in.i-
gent persons both sick and la1e to be attended ~
the Dispensary physician at their own homes. aaa
sl.o d-y at tire Dirpenssry. The executors are ci'
rec,ed to consult jgoieou' raen at Aloany res9ectIs
ire Dispenssry and the fands necessary 20 carry on
tie same. TIE residue OF the estate vas then to be
paid over TO such societies for the relief OF ndsen!
snd respectable persons, esPecian' I-in'ies ana
orphans, az the t1ecliols III sneH 'EV''"'A '"oAi"
select.
is made somewhat Inodf. flag the previous arrange
mebts. 50
TIE individual legaces left untouched, and he
r.sidusry legsey lie modified thus el9 900 given 70
hi. executors 70 psy over If the Societies are properly
msnsped as follows: q 0oO 10 the Society Tor the
benefit Of TaloIesses s1d Seamsirssles ~ fnlale''
pha; g. 0t0 TO the same Society IN New-1ois
s. COO each 10 the Female Assistance Society, the
a. Dali. ~ Roar.
ceut females ard the Fensle Benevolent society
1be residue Of his estate, after satisfying TIE pro-
.on In istsd The Dbpeo'ay lie siss 20 h eIse5tof. n
,un. snd time and in then discretion th,'
.ha think Intend pt'Is 70 NE ussi.rsi 81 ae IN on =,
sscisues Tor ts support q ineiteat p
te nj discftteasry 70 tie esPcsroE Of sue sans
but 90 ;. At the ,hsl Be applied . objects Of charity
Three s1seu cis we're no-.hsito ~ &c - - -, -
o. decarg too other persons were dominated 70 Aet II
the place q those declGiss 10 act
m. ,tste u the III conferred before the Surrogate
for monte tEs ALLEGED Ico ,etencJ u l- .fe
utoI. tho,e nsnn.ed IN hsir see al % oe
Of i..sutsI Ed ,ss r,o~ .ns ne 1 Of lie
TIE sreahe le,seiss ~sie Ped creep y &c to zoe r.
sr si.s m lsts .na N. surviving ssun Etr.or
euc.s ths segins the W % b void % fsr
10 the purchase OF farm Di.psss,y .sd
N. recusry beques the Of tne chaifah- socees
The ssrlir i.rstcr doubts to - vaat,
m.y hels Re slostd 70 inquire yteiher any saen ass
vcud have rted a. the validity Of tbs b-qre, hsd The
executor. rot been induced 70 renovne- their t-r'i
usy be fely ed that uucer the law ofth ss'e nsn
can rive h. properly for the purposes expressed THIS vii
There lss that orbds n.n TON fTnt ens-
f.h. intuous either directly through trustee or agent
fbe can carry eessn By deed be can ~
where hss given sdi'cretsn TO his -1eeuto X as
,top could have exercised - have devoted
IBIS property the purpcses dosn IN The will II the e
himself ~heD Hsns eeaid hase ,1sfesed ms.
could have secured the payment Of nee. nonsy'o
sbeut that pfopot,n sfe II Tor .rsn ed mere
iii be re Gu-. there any law 10 prevent the tra.es'
fuy .npo- they here frl eIsscsns hist c'cFs
lien 1re ea1lns cut ihtse pIoviHoH''