The Goodhue volunteer. [volume] (Red Wing, Goodhue County, Minn.) 1861-1864, 1862-05-21
The Will ofStephen EIrard set Asides
.saiH ~ Girard College m Danger fsz@ sl3

day says: =....<.:S -=..s. -, -
Z. .''Lawsuits by the heirs of Stephen
Girard have been pending in Schuyl-
kill county, Pa. to recover possession.
of eighty-five hundred acres of coal
land in Mahoning Valley, forteen miles
above Pottsville. An action Of eject
ment was brought against the city by
Agustl,s Girard, John Fabricus Girard
and other heirs, and at the end Of last
week was decided in favor Of the
heirs. This decision was made by
Judge Higgins Of Pottsville. 7s''.3.@~s
r" "Stephen Girard died III 1881, and
his will is dated February 10th, 1880.
In the will the tcstator directed that
the net residue arising from the rents,
issues and profits of his real estate III
r Pennsylvania, after keeping the. prop.
erty in the city, and liberties Of Phila-
delphia in good repair, and erecting
new buildings thereon whenever ne
cessary, was to be applied to the same
uses and purposes to which the resi-
due of his personal estate was applied.
"Among the points raised by the
plaintiffs was the following ~
<'That the devise intrust to apply
the rents of the real estate in Penn
sylvania, first, to the erection Of new
buildings upon SO much thereof rs is
situated in the city and liberties of
Philadelphia, from time to time, rs the
same may be necessary, has no limita-
ton as to time when such piling up OF
capital by the accumulation as afore-
said is to cease, but the same may
continue beyoud the period fixed fol
the vcsting of an executory limitation,
and is, therefore, void
"Considerable testimony was pro.
duced by the plaintiffs to show that on
account of the provision in the will
limiting the leases Of the land to five
years, it was so fettered thereby as to
render the land practically useles, and
therefore the devise was void, as be.
ing contrary to the policy Of the law
which does not allow land to be locked
up forever in that way; but the de-
PENDANTS showed that leases had beer
already made on the terme prescribed
in the will, and that a great many ap
plications from responsible parties fo1
leases on the lands had been made
and on terms profitable to the city.
|The Judge affirmed the point O
the plaintiffs (above. given.) and in
structcd the jury that upon the evi
dence the plaintiffs were entitled t.
recover the land. The case will b.
taken to the Supreme Court.''
The Philadelphia North Ameri;ca'
has these statements:
|'The decision Of Judge Higgin
was in effect that the testament of MI
Girard in some of it's features was al
aggressive trust against public poll
cy and law, and therefore void /; ant
that tn the eye of the law he died in
testate, and on the day of his dealt
his property vested in his heirs.
"Startling as is this result, it is ever
less remarkable than the circumstanc
which are supposed to surround it,
It is asserted that combination ha
been formed in this State, extendin!
from Pittsburg to Philadelphia, ant
embracing men of professional and
cspecialy, Of political distinction, t.
destroy the trust, and divert the cstat
from the purposes to which the tesla
tor solemnly devoted it. Speculativ
interests, contingent upon taking tn
bread from the mouth of the orphan
have been spread far and wide, an
even the professional skill which a
one time was employed and paid 70
by the people of Philadelphia to guar
this trust, is now found upon the sid
of the heirs, engaged in this effort t.
destroy it."