New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-17
Important Judgment on Bequesis -Trn'ices In
oiher states Of Properly in New-Yotk.

William T. Bascom ct. ell. Appellant agt. Caroline
Abertsop late Nicholas LOWS Brown Executor OF the last
viii and Testament Of Daniel Nichols aud Others Respond
ents.
Theodore W. Dwight for Appellant Daniel b. Jacques,
Alex W. Bradford and Judge Cornstock for Respondents
The appeal in this case from judgment affirming
decree of the Surrogate the County Of New York made
July g. 1890 the final accounting Of Lewis b. Brown
Of the will OF Daniel Nichols deceased The appellants
William +. Brown aud Others residents OF Vermont,
Ginning to be trustees appointed order Of the Suprce
Court Of that State at term thereof held In January 1890
upon filing copy Of the VIII and also claiming to be rutees
under written memorandum Of appointment Of tie exudge
of the Supreme Court Of Vermont signed by four of the six
OF Burlington jan H. 1861 and by of them St. Adams
the nth OF that month. Tho appointments made for
be pnrpose of receiving any and al beauest gifts gaoies
dovises said will contained for the purpose Of founding
Institution for the education OF females 10 be located at
Middlebury Vermont aud to found esabih and manage
suoh institution according to tbs V Of said Testaor and
the laws Of the State These appointments were procured TO
section, aud in the residRaTy clause
The will was executed NowYork the 2lst OF August
1884, end the estaor died in that city IN February lag and
estate amounted to aboat $4,000 The question involved
the validity and effect Of two clauses OF tho will The
prevailing opinion was written By Porter Judge Affirming
The Judgment appealed from in which Dawes GLeJ9'leo
and Wright, Judge, and Peekham Moran Leonard ana
Smith Justices conegfd Hunt Judge also read an opinion
affirming the judgment. bat upon different grounds.
In this the Court held as follows That begusst Dy
NowYOrk tstaOr 10 such persons The Judges of another
Sao NAV appoint after hi deata 70 receive Intellectual for
any purpose Gnlag al ia the state Of lis domc that such
~ estaishin ana managing ia another State Institution
m lie education OF omac "a void under the laws OF New
York; that has been hs settled policy OF The a.le 10 en-
courage donations md endosm for educational Ieg
charitable Purposes. by p!oyidng for the adu raiol
o. such fund. through or{sused ana T. ,rsie agents
sanctioned ~ iczisatve sa.aoii" nd subject to egr'
regulate and controls tasi 'a"~ .:sSerwac weld
r,acld In our Court m - 49, g.. sQcio,e
bor I'm, by charter or by law to receive the NI'
We'll & purposes ooncm plated BY tho donors are within tho
a " W yscs Of such societies AID the scope Of their
''' jTtrs that the English system Of indefinite chart
table existence in this state 10 place our
system Of jurisprudence; that the authority which, prior
tie statutes OF 49, Elizabeth, exercised by the English
from Of er aud trusts, part Of is ginal
and inherent judicial power as equity tribunal bot
the royal ergaye and the pres powers with which the
courts OF ibis state hove not been Invested That by the
were remeded a9d tie law Of Indefinite charities was sub
santay codGed certain enumerated Of this nature be-
ing sanctioned by Parliamentary authority and all not thus
sane Toned being permitted 70 faii.
That The abuse which grew up under this statute ia 70
the adoption OF further parliamentary restraints in the Mort
main Get OF Geo &C. That the design and effect Of the
By Legislature OF 1893 must abr0gae in this state the Eng
Wb law OF charitable uses am our subsequent
Iaton supplied complete and harmonious system Of
charities sanctioned by gatiye authority subject TO state:
tory regulation and adapted 10 the condition OF people and
the nature Of our institutions.
That there il nothing TO withdraw gifts TO private
trustees for indefinite charitable uses Prom the operation Of the
provisions q the Revised Statutes IN relation TO uses ana
trusts PeIpenites aud the limitations Of ure estates ana
prohibitions contained in these Statutes IN direct con
ayenton OF the English law ON tbs subject a. II existed az
the time OF tie revolution, when our hIst Constitution was
adopted ,,o-.
eieh 4;1) yres va The Methodist Epcopal Church @
SANFORD )i Yates Yates @ Barb, 35) and Fountain
W. Rayend "a How, U. r.. JG In accordance wan INC
oerong views were approved The OF the New York
Protestant Episcopal School 81 " y Rep. 54l explained
and be esses Of siotwt Mott e Sandf Ch Rep 40 and
WILLIAMS w. Williams Sed $3.50, so far as they are incoR'
'''''' JOEL TIFFANY State Reporter