The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-10

The Esdowmsat 0f . New City - 90.
tsi-Aa Important Apple ssion s0S -
LeRislature BE.

Among the most interesting subjects that will DO called
To the attention and require the Of che presen,
State Legislature will be the will OF the Late James
Roosevelt who died in this city tho 30th Of November
last leaving property TO the value OF about nine hundred
thousand doars The deceased admitted TO the bar
in this city about thirty years ago but before cOmmenc
ing practice he smtten with paralysis in both lower
limbs and remained cripple and almost entirely house
rdded until few yeags ago. hen visits to Sharon Springs
and judcious medical treatment temporarily restored h.
health Iie then, being without issue and unmarried
made his will, leaving nephew, James c. Roosevelt
Brown, his only next Of kin and her-ataw ana leaving
also the bulk Of his estate TO be devoted TO tho establish
ment Of hospital in the city OF New York The nephew
it seems IS over forty years OF age, unmarried and o!
very inGrm constitution. By the terms Of the wll-a
copy OF tho material portioa Of which give be
low-It will bs that unless the State Iessia
ture promptly take action III tho promises, and
grant liberal charter for the proper organization or the
proposed hospital thea the prneeiy oeauest will revert
to the government OF the United States, TO be wranged
about and tossed about and hnaly absorbed by pro-
traoted and Intellectual efforts legislation upon the
subject in Congress and among politicians. The original
and praiseworthy design OF the testator will DO thus
thwarted and the city and State OF New York lose do
nation second but few in extent and the nestlmaoe
benefits 1t win insure TO suffering humanity.
After snu.neratng number OF private bequests, the
testator proceeds
All my real estate in said city (subject to the payment
OF such annuity devise to my executors in trust, to
ceve the rents and profits thereof and apply the same
TO the OF my said nephew for his life only and upon
his death to partition and convey said real estate in Zee
(subec aforesad) equally per stripes ct per capita
70 and among his lawful issue then living, IL any, and
none thon sell the same and ray the proceeds thereof
to my resduary legaess in trust, towards the hospital
endowment hereinafter mentioned
But am issue OF said nephew living ut his
DEATH shall thereafter die under the age OF twenty one
years, leaving nochd Of him r her surviving his or her
share shall IN hat event pass to the other or others OF
said issue OF my said nephew any, and, none, and no
issue of any then living in that event devise such share
(subec aioesad) to M Xecutor6, to sell the same,
pay the proceeds thereon my resduary iegatees in
trust, towards such hospital endowment.
give to my executors Out personal estate the
hundred thousand liars trust to receive
the dividends. income issues Al profits thereof and ap
ply the same from time to time 70 the use OF my SAID
nephew during his ie aud on his death to pay such
trust fund equally pes stripe ct ron per capita to aud
among his lawful issue then ving il any, and, t none,
then to pay the same to sduary legatees In trust
towards such hospital endowm, mt
Iempower my executors to lease any part or the whole
OF my said real estate for term not exceeding twenty
years isubect aforesaid ard to execute covenants in
the leases binding on the land, for further term OF
twenty years l allowed by W. at liked percentage
vded the rent reserved tor such further term shall not
be less than that reserved said first ease) then to
pay TO the respective esses the value Of any buildings
by them erected thereon standing at the determna
tion of the said first term according TO apprasement
made agreeaby to the covenants in the first lease
In case my said nephew shall be alive at the determ.
nation OF said rst leases j authorize my executors
apply any part Of the capital OF said trust fund OF one
hundred thousand dollars the payment Of the appraised
value Of any buildings erected and standing at such
determination which they may elect TO pay for
oil lapsed legacies together with all here
tnbeore we'll and cectuaiy disposed Of give in trust to
time sens Of managing boards Of those
Eve certain interpretations OF the CITY OF New YORK
known Is The Society OF the New YORK Hospital.
New York; "The New York Eye .sarmary," 1.-The Do
mt pispsnsary," and "rhs New yerS Institution for
the Blind and TO my friends the Hon. James Rose
velt Edwin Clark ESQ.,. John NJ Kaox. ESQ., and Adrian
H. Muller ESQ.,, all OF said city, and 90 the survivors or
survivor Of them. establishments in the city Of
New York OF hospital fer the reception aud relief OF
sick and diseased persons and for its permanent cndow
such institution to be managed and
Quoted by nine trustees, as herenbefore ap
pointed, provided that in case OF any vacancy
from death resignation, Otherwise OF Of the four
Individual trustees hereinbefue designated by name and
by title Of Office, then and in every such case the
remaining trustees from male native born citizens then
resident In the city OF New York.
see apply ION the sale OF my said real estate BY
my execuo or che purchase OF any part or the whole
Of such real estate and for the In t 2. has
tai fee and for the erection OF suitable buildings
thereon shall from tmo 10 time be Invested either on
real estate 10 zee the city Of New York in public
OF the city OF the State OF New York. Of the
direct my trustees PR mpty to apply to the Legsla-
iure OF this State PROF incorporate
And should such Legislature Tor two years next after
my dceesse provided the youngest OF said individual
trustees iv ing at my dccease my said nephew,
either Of them shall SO long ve) refuse or neglect to
grant liberal charter for the safe organization, conduct
and perpetuy Of such spal establishment 10 accord
my trustees from time TO time to over the above
bequests that may como into their under my
will TO the government Of the United States OF America,
trusting that Cosgress will pass such law laws in
spect thereof will effect In substance as near as may
legal difficulties in this case declare my wishes so ex
pressed TO be imperative trust, but recon-
mendaton 70 the government, having full confidence
that Congress will do whatever justice and right may
require.
/ hereby annul ali former wills BY me made, aud
appoint the said Julia NJ Boardman 70 take upon her.
set the execution OF this my will; but If she shall
not survive me. or 10 case OF her survvorship
and subsequent deah before the close OF my estate
after having qualH d. or il she snail the space OF
renty days next after my death refuse or neglect 10
apply to the Surrogate for letters tesamentary TO her.
then substitute In her place the President for the time
being OF the Board Of Governors Of 1.-The Society OF the
New York Hospital as executor OF this my will.
In witness whereof have hereunto set my hand and
seal this thirteenth day Of March, 10 the year OF Lord
one thousand eight hundred and hityi3ur; oO,,vr,r
signed. sealed, published and declared by james n
Roosevelt the testator and for last will and
ment in our presence, who at his request in his pres
ence and in the presence OF each other subscribed
names as witnesses hereto.
JOHN X. ABfEI, 1875 aecond avenue. y. y.
JOHN p. stHERMERH0RN, 125 second av., ~ Y
ure referred to above which the early and
attention OF that BODY called. IL will be noticed that
the application is signed by oil the parties nameS as
trustees in the will OF tho testator:--
10 the LEGISLATURE or TIE STATE or NEw YORK.
The memorial OF the undersigned-trustees named 10
the viii OF the late James a. Roosevelt OK the city OF New
Iork-respectiuly shows
That the testator, the above named James n Roose-
Welt on the Both day OF November 1865 departed this
life without ISSUE and unmarried, leaving nephew,
james C. Roosevelt Brown forty years OF age, also
unmarried aud OF very nhrm constitution his only next
Of kim aud heiratlaw, and leaving also large estate,
both real and personal supposed 10 be Of the value OF
about nine hundred Thousand dollars the bulk OF which
by his VIII ne devoted TO the establishment OF hospital
IN the city OF New York sick and diseased persons,
under The management Of the undersigned nine trustees
directing them at the time promptly TO apply 70
the Legislature OF this proper acts TO incorporate
secure snc perretuate said hospital" -
copy Of said WILL which has been duly proved with
out opposition, 10 herewith submitted TO your nonoraoe
body and the undersigned pray therein directed that
such act or acts may be rassed at early day a.