Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1869-02-04
THE e1RARD ESTATE.

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This immensely valuable property in
Philadelphia has again got into the
Courts-,he heirs Of Stephen Girard be-
ing determined, if possible, to upset his
will. When Stephen Girard signed his
will, making liberal appropriations for
the support of poor orphans, he doubt
less expected that a bequest for so good
a purpose would be respected. He had
made liberal provisions for all his rela-
tives, who were only such by collateral
ties. He had given to them sufficient
to make them comfortable and inde-
pendent and he had, at least, q right
to expect from their gratitude acquies-
eucc in those parts Of his will which
distributed his bounty in favor OF the
poor and friendless. His death proved
how illusory was this expectation. The
heirs first secured from tho executors
payment of oil that was bequeathed 10
them, and, after that, they began to put
into operation whatever means were
available to divert to themselves the
residue of the estate, if possible. Their
effort was against the real estate Of Stc-
phen Girard, which had been purchased
after his will was made. Under n strict
technical rule, founded upon n common
law doctrine, it was held by tho SUI
preme Court Of Pennsylvania that, al
though whatever personal estate n man
might have at the time of his death, no
matter when it was acquired, would
pass by his will, real estate acquired
subsequently, to the signing of the will
did not pass, so that II nan had either
to rcpublish his will every time that no
bought a new piece OF real property, or
leave that portion of his estate to the
risk of going into hands which he did
not desire should hold it. Under that
decision the Girard heirs took from the
city of Philadelphia n large amount
of property which was intended
by Girard himself to have been
appropriated for other purposes.
The municipal corporation of Philadel-
phia, which has had charge of the
Girard estate we since tho old mans
death, a large portion Of it having boen
b~equoathed to the city for useful pur-
poses, some years ago underwent a
great change in its corporate capacity
the whole city and county being consol-
idated, and tho old city charter being
repealed. The old heirs Of Stephen
Girard have again come forward and
commenced suits to recover the estate,
One of them was ruled upon in the Su-
preme Court Of the United States on the
10th Of January, rs We see by u late
Washington city paper. Tho Supreme
Court, however, says that the CONSOLE
dation Act does not change the identity
Of the corporation, and that tho change
in its name (Which is merely n formal
thing), and the enlargement Of its area,
and the increase in the number Of its
corporators, did not affect the title
which it had to property, which it held
ut the time of the change, and that it
has full power and authority to execute
the trusts of Stephen Girard's will.
Furthermore, it is intimated that even
if the right of the city had altogether
gone, the Girard heirs would gain
nothing. The State would have tho
right to interfere in case of n failure of
the trustees, and designate other trus-
tees, and the Girard heirs would be to
any such inquiry or proceeding entire
strangers. How the other suits will
terminate it is hard to guess at this
time. Tho expcctant heirs of Girard
are represented by very able counsel.