The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1862-06-12

= | luttuuCo sho pS1"Ss' ,.,.- r.,
5 Cedar in its corporate name, ana 'huS ia'
!. the will is valid. :. ,..:.
}, Blu. it is urged, under this objection
+, that this class of corporations are no.
Q "capablo of holding real estate for sh'
4 nurposes enumerated in thi, will.
c By section 81, of the code OF 1901
3 "Ali claims and bills for the care ane
j, support Of the poor" whore properly cor
$ titled "arc to be paid out of the county
Y treasury" The county is authorized &c
:, acquire aud hold property, &C., (sect'o1
o 93.> The county court is authorized 70
order the erection and establishment OF
/, poor house, and also to purchase land for
- the use of tho same, (section s2s.) no"
t, il seems clear that if the county may take
D and hold property, purchase land ana
r erect poorhouse, and that it Is cna'eso
t with the support Of the poor within 'hs
= county, it may also receive donation o.
land, either for the purpose OF erecting
moor house thereon, or for the purpose
of being sold and the proceeds invested
in the purchase of other lands tor that
purpose or for supporting the poor with
in the county, either in poor house or r
in the manner provided by law. All
these arc clearly within the scope OF the
corporate powers Of the county.
I'd. The second objection is that "the
said land is directed to be held in trust by
the county Judge, and his successors IN
Office of Cedar county when there IS no
such Judge and he can have no success
: TITS objection is based upon the idea
that the name of the county is wrongly
designated; that it should be to the coun-
ty JUDGE, &c, Of "the county Of Cedar"
This idea has already been shown to be
erroneous.
b. The third objection is SIT does nos
appear whether the person styled county
judge is to hold said land in his persona!
or CDiciai capacity--and this is material
in determining who the successor is
! Il IS nnquestionabIy material 80 know
whether the county judge, in his official
capacity Or as an individual, is to hold
the land as trustee. Here again We ANS,
hook at the intention of the .gstatoT BY
the law III force at the sine Of The max
ing and probating Of the will, the county
judge, ms such Officer, was charged with
the management Of all the county bust
pess, end the care and custody st all
county property, &c. lie alone had the
power to audit all claims against the
county, 30 draw and seal, &c, all warrant,
on the eounty treasury for money to be
paIa out OF the county tre asury, (see sec
ton LOG Al claims against the count
for she maintenance Of the poor were re
CURED to be presented to him (ses section
e2l.J All this the tcstator knev,or wa
presumed to know, and knowing .his j
! IS clear from the language Of his wili .ha
he Intended to vest the title to the lam
in the county, and charge the proper OF
hcer--she county judge as such who b
law was charged with the control of tn
county property, and who by law was au
thor,zed and empowered as the fnancia
agen. Of the county. with the due execu
ton o! the trust. Is would, in my opir
ion, be doing violence to the language c
the testator, under the then state of tn
law, to hold that he did not intend to con
fer the management of the trust upon tn
lands are devised for tbs benefit of tn
poor of said county, and the will does no
determine who the poor are, &c.
The testator has nsel the same term
the poor-used by our legislature in MAX
ing provision for public paupers. III
statute describes them as "she poor, an
has pointed out the mode Of determipio
Wha the poor are, see article 3, code 1851
by the statute this class Of persons j
certala or can be made certain and if
devise can be reduced to certainty j. !;
good .-Po'cel on Herises, III; 3 Peters
1873 BIN. r., 1872 The testator h,v
Ing used the language Of the legislator
when describing the objects OF his bonn
! ~ We must presume he intended the elias
OF persons thus described by the ler;,l,-
tire, o1d Al that class is aicertaineI ;,
law and rendered certain. there is 10 m
certainty IN the vii in this particular j
we follow the evident ia,eut,oa If N,
teStator, which. in the language Of Mr
Justice Story in the case Of "Inolss y,
ihe Trustees of the Sailors Snna Ia,
Dor, Peters, LAG, has been Justly
SAD to constitute the pole star to Guido
courts In the exposition of Wills
oth. The fifth objection is that .!,bo
VIII directs that the land shall oeyer Ie
s sI theFeb% creating perpetuity and is
ne language of the will on this point
H. II 1e'ise that the said land the land
devised to The county may never be sold
Out mat Il Fnay be rented by the said
county judge yearly and the nroceed,
over and above the expenses for repsirs
small be applied to the poor fund Of said
county," &c - S''a
Section li9l of the code Of 1s51 =,
winch the paiutitF relies provides that
every disposition of property i. vn;J
winch so"peDds the absolute power Of
c9HtroIlIn- the same for Il LONGER no,;oj
,"ah during the lives of persons then in
.e'nS ana Tor twenty one years ,hereaf.
ter This section of the statpt. ;s ""
changed by the "RcyiSion Of 1860 -,
(See 2l9L) u '''7'
"a' are we tounderstand by the Ian.
guage " absolute power Of cyDtrollin,,n
~ evidently means the power to do viii,
'he property whatever tie rersoo L,y;n',
inc lee may desire to do, uncontrolled h15
.n' " III OF another The power to alien,
i'e-to convey the fee at pleasure