New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-02
AN INTERESTING WILL CASE.


AN IN IEkES ING WILL tASE.
SUPREaE COURT.
John P. yeslmsn Administration IT,: o. wrn Rsnh,op d.
d .gt Tse People and others
Jess VAN BURN ard IN KENT for Dsia.;s; UssER-
HILL fer 81. Buns. Is H. REYNOLDS aud ]. 3LyST f0f
7bs People.
This case which was brought to obtain Judicial
construction of the will Of DR. Bsrtbrop OF Kinder
hook came up for argument lat Tern before ths So
pieme Ceuri in this City. Az the case, fro o the
large amount Of property ccmprebended 10 The fesdu
arg clause over $3.50 900 viii ,h directs to be dis
nibuieo smoDg cur charitable institutions, has ek-
cited great Interest among their managers, we give
the following report Of the argument:
Mr j. BLUST-After the very careful and eab ,rste
examination BY the Opening counsel for the plaintiff
the pee pie, OF the DECISIONS that have hsen made
touchir the law Of nsritable duty will oe
coDfneo 10 brief recspu,tion Of the facts ia this
case, and reply 10 the principal objections urged
against the validity O. this viii.
From the counsel for the plaintiff We Learn, tina.
shortly after The revolution, yolDg E0glsom4n es
tsblsheo bimseH in KindeThook as q physician, and
ia The coure of tme Married widoT OF good estate,
who vds 'hs mother OF tic plaintiff, and one of t1s
defer ants by her first husband.
in 1888 he oisd lesvDg no children, and his WIDOW,
wealth. H. her own right He on'y surviving rsla
tiveP, we informed, sister whom b, left ia
England, and Der cndfen, whom no probably never
During tie yesr prec sding bic desth his mind WAS
often occupied in making the final disposition OF his
estate which was large.
In October 1887 no made his will and, 81 er n ak
ing suitable prcvisiCn for bis wiGoT, gave various
leg to his sser and her children TO his two tep
tOps, aDo 10 the children of many of his neil hbors,
whom be bad probably attended ss family ply
sicau. lie then gave the residue of his estate TO
thin charitable sOoetifP, cbtfy for the relief of f.
males, giving, however t. bis executors discretion
DRY power to withhold tho legacy from any society
which was not properly conducted lie also directed
that bis executors shOuld collect bis debts 10 the
q Dr.
SODA unnf cessaly hurried for payments. He suDss-
quertly soced several cOdcils TO bis Will al OF them
indicating his Intention 70 devote the residue Of bis
estate q charitable societies for the relief Of frmales
That fdicston il be seen ia toe codc ell OF the 18th
May leas, aid ala In the las. codicil Of Oct. -,
1888. ref.r TO these coocils 20 shov that this IT,
itption never laid ssd5 dlriDg the Sbols time.
In The frei cOoic 70 the viii tnsre tgo prOvis
oDs that The plaintiff to aud which, therefore,
require 20 be noted The first is direction (, the
executors buy fam for S. 600, for the benefit of
hs Dephevf necss where they may reside, # they
think fit for fifteen yesrs, when the 10 10 be sold
ard the process divided among them.
Ire second is direction to his executors to build
Public DispeDssry, Ike that in New York, for ndi-
gent persoDs both sick and lane 70 be attended by
the Dispenssry ply stefan az their own homes. aud
also daily at the Dispensary. The executors are d.
rected TO consult udicous men at Albany respecting
the Dspepssry and the funds necessary to carry on
The same. The residue Of the estate was then to be
paid over TO such societies for toe relsf OF ildgent
snd respectable p5rsors, especially females and
ophsns or tbs executors Ia their discretion should
select.
In he last codici the final disposition OF his estate
il made somewhat modifying the previous arrange
ments.
The individual legscies are left untouched aud the
residusry legacy il modified thus $40 600 i given 70
lie executors 10 pay if the Societies properly
managed ss fooss; IS 600 TO the Socis'y for the
benett of Taoresses and Seamsiresses In P0adel
phs Is 0(0 10 the same Society In wforS;
So GOO each to tie Female Assistance Society, the
Society for the Relief Of Respectable Aged and lndi
gent Females, and The Female Benevolent Society.
he rescue Of bis estate, after Satisfying the pro
In regard 10 The Dpssssy he gives 10 his executors IN
trsst hs hes shs aud may pay ano spp th "a De N uen
such lime and In their discretion they
The sm-n Of me pee1Sisy affairs Of soy one or
Societies for the support Of inoisent resPeesbe per
sons especially females and epbars ana for the use of said
voc & a n. 70 he s,sooste, 81 tie ..u,s
lut 20 a. Al the ssne shall be applied objects OF charity"
Three erfors uonsed IN the will aad Ia case Of enc
dees to other persons were nominated TO act Ia
the place Of those 4, Ginning 10 act.
The p,bste Of the will coutsted before the Surrogate
for som. ten monte on be ses seency the MAKER
and ~h,p II ~ss proved en- 81 August 1859 the
uors nonsted 10 their place s eee the oe
-.Ie Appointed to I'd mister the will
The sp.s6e egaees PAID. except $1,000 to the Tail
in ls4s. the sursviss administrator
&c the purchase Of fam the ssabhme D!seeuary and
ne fedusy bqns' 10 ME use OF TIC Charitable societies
The sdnit srstor has strong doubts to it' validity
may here be slos,d 70 inquire "ssther such doaS.
~,ud have exalted the validity Il this beiuest had the
be sfey assumed that undeE the law ovhis Sta
Awe property for the purposes expressed Ia this will
There cal principle that obd from tisins chat
table inutious either freely through trustee sssnt
this by deed be devise
But where he has given discretion 10 his dis
cIseu ihs they could have exercised TO have devoted
,isI %ss ys eosi have .1sIs,sa lbs, olssr.ton
secured the Of ,hese these
ocees-4Io about that PROPOSE n, take for trsned there
Will be cIut- there law to prevent the trustees,
fully powered they here from exercising that dscre
tor a. q csuy ns out these Provisions
th- Oispenssry Is D.tter that unceain
that the place nsoed that toe size the bu1ins not
gwen; haiti you were 70 tats 81 The criterion OF h nten
s-ousb ever whole Of kinderhook thiCk
..fped fierd acquainted with Institutions OF justice
.n az eh.sity Dpensafy small ohee OF sons 30 or
three rooms generally hetp or twenty feet square whsre
pose OF the yis OF The afflicted and Owing the 81
wee This csae coLcerhirg the DsPenary H. Ia tbs nfs.
,e, 10 Be construed socoroDS 10 common snse IL no:
10 70 ~ pposed the eloquent gentleman has hst ee
tstator haa Mid eshshment OF lnsti-nuons a. 81
P,.burs or In any portion Of Siberia IL rsthsr 70 be sup
posed be bad reference 10 TIE co rny IN "nc rs
lin ,e had pTsecsd medsre for haf century Mn
serbook an inland Of 2esU Inhabitants Win sroNnf
yse Nsatie which IA. mote shse snb tlsn hs IoSa-
Thi. tss,tor liz the eous- ais practice hySan sS
That great macy who were spS IN thsi 1la az
tre &c scp f0t phys eisn ryra a. spp.eneepo VI
tb, eos, Or Ill sou too late srd there "ee
as. silnents prevalent in which skAuu Physf
can could 60 = ucst cesl Of good 81 very .'te e.
The tnil;pg could be put for s .ao ar-shei
b 200 or physician could very resdy D. OF
tanned the ctunry 10 attend H. becsnse vhere inAn
sten.,ry tbysian he ses gpod de.l OF other prs:ies
With H. which pays very wall, sad resey mule iot
vopnx Ibysen &c st ino practice In the ues oar Pny
sclaps generally perform dspens-Iy duties without psy Ia
the village Of kIasrhook the very small sam OF 80
have be an sr Compensation IL vo1d therefs
b,ye reqsired but small sppropsion OF this et.is
could ali have teen cone ~ tbese had shsy