The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-05-31
rHE MILL oF JAMES RUSH.
ne HeuuenGhs HIS Estate 90 the Philadelphi
AAD UIbrnrY COmDauys


bequeath to my executor in trust to select and
purchase lot OF ground not than 100 feet square,
situate between Fourth and Fifteenth and Spruce
and Race streets, in the city OF Philadelphia, and
thereon to erect hre-pr0of building sufficiently
large to accommodate and contain all the books OF
the Library Company of Philadelphia and to provide
for its future extension according to plans, dreC
tons, or specifications which shall hereafter
leave any such plans, directions, specifications
then to erect the same according to the best udg-
ment OF my executor QI j. Williams), and to the
views which have expressed to him.
SO soon as this building is completed and ready for
occupation, then TO convey the same, with the lot of
ground, unto the Library Company Of Philadelphia,
and their successors for the uses and purposes OF
their library, and for no other use or purpose
whatever. Provided however, that before
any such conveyance shall be made to
said library company. they SHALL either by atera-
tiOn in their charter In some other way satsfac-
tory to my executor, bind themselves and their sue
cessors TO conform to and comply with the following
express conditions and any other l may hereafter
impose, under which they are to hold the said pro-
hereafter given to them:-
1. That the said Library Company shall not cause
allow, or permit any lectures public oratons, or oral
addresses, exhibitions of any kind to he delivered
given, or TO take place on the said lot OF ground or
in the said building; nor shall they cause
scum, cabinet, gallery, or collection of natu-
raj history, statuary, sculpture, portraits,
apply, or eXpend any funds derived from me, or
under my will in procuring or defraying the eX-
penses of any such lectures and exhibitions, public
oratons or oral addresses, or IN the establishment
support of, or for additions to- any such museum,
",
on the said lot ana IN the SAID building or else
where
q That all the accounts of the receipts and expen-
dures from the estates aforesaid real and personal,
should be kept separate and distinct from all other
accounts of the said Library Company, and shall all
he headed and kept as the accounts of "rhe Ridg-
way branch Of the Library Company Of Philadel-
| pha," so that it may be always easily and certainly
ascertaned whether the application OF these estates
| and the incomes derived therefrom have been in
| accordance with the provisions of my will
l further will, direct, bequeath, and devise that
| whenever
pleed and transferred to the said library company,
| and the preliminary conditions complied with then
! my executor shall assign, transfer, and convey by
| one Deeds all the rest and remainder of my
| resduary estate, not laid out and expended in the
purchase of the lot and the construction of the build
| ing, unto the said library company to be held and
used by them and their successors for the following
First To keep the whole of the real estate granted
and conveyed to him in good order and repair, and
| to make from time to time such additions TO the
! building as may be found necessary for the extern
sion and preservation and convenient use of the said
| library and all additions thereto.
Second After paying all necessary taxes, etc, to
set aside annually ten per cent. of the clear net in
| come, to form contingent fund.- to he invested and
the interest added to the principal which fund shall
l. 10 build upon improve, alter and renew any
lands and tenements hereby devised to the said COM
| pany, as to increase the income.
| Q. To make good and to replace any losses from
the failure OF any investments made OF or from the
3. Whenever the contingent fund shall amount to
$50 600 then to pay over and apply the surplus be-
yond that amount for thegeneral purposes to which
the income of the estate is herein erected to be ap
Piled.
and his assistants and the expenses of binding and
preserving the books of the whole library, making
cheap catalogues, and all charges incident to its care
and management The said library to be Kept open
from O'Clock A. NJ. until at or near sunset, except
| on Sundays and holidays.
After complying with and fulfilling the previous
trusts and purposes to apply the remainder or sur
plus of the said net annual income, or so much
thereof as may be necessary or desirable to the in
crease and extension of said library.
direct that no portion of my real estate shall be
sold by The library company for ten years after my
death, then unless it be absolutely necessary fo
the purposes OF this trust, even if additional income
should be derived theretromi and in no case unless
the said sales sanctioned bya decree Of the Or
phans Court or court Of equity which shall decide
such sales are not in conUraYention Of the spirit Of
in order to enable my executor to carry out the
directions Of mUwill, ! hereby authorize and EN-
power him to grant, bargain, and sell any part OF
parts of real estate at public or private sale, fO
any price or consideration, with any restriction
reservation, covenant conditions, for cash or OF
credit, taking security on the premises for tht
balance of the purchase moneys; or to let OF
ground rent, mortgage, exchange, max
partition of the same or any part or part
thereof, and to SEAL execute, and deliver all deeds
conveyances, mortgages, assurances, and other in
struments necessary for the purposes aforesaid
without any obligation on the purchaser or pur
chasers to see TO or be responsible for the appca
, ton Of the purchase money other consideration
for the proprety of the exercise of the power.
further will, devise and direct that all invest
ments, if any, should be made by my executor, an
all these which may at any time hereafter be mad
4 by the said library company rom the principal O
income of any said estate, shall be in ground rents
other real estate in the State of Pennsylvania,
bonds and mortgages upon property within the sal
+ State in loans Of the said State or of the Unite
a States
i And lastly, hereby appoint my brother-in-lav
Henry j. Williams, of the city of Philadelphia eXecI
tor Of this my last will and testament
n In witness Whereof have hereunto set my han
r and seal this Goth of February, 1860.
n JAMES RUSH.
o Witness; William f. Judson, j. s. Farmer, II.
d Hunter
n CODICu.
Whereas, by my last will, | have provided that Il
beuuests and deyses to the Library Company of Phi
adephia to be held under the conditions and
n strctions therein contained, and any others which
IT might thereafter impose; now therefore, add al
c. impose the following conditions, restrictions, al
w | directiOns:-
3 First one OF my objects in giving my resduary c
tate for the OF the said library company was
express my respect and regard for my iather-in-la
n the late Jacob RidgWay, and my affection for al
m gratitude to his daughter Phoebe Ann Rush. by ereC
ing to their memory a monument, as IL was fro
re them | derived the greater part OF my prOpert
n which has enabled me to devote, happily and undi
turbed, the latter part Of my life TO pursuits of sce
tinC inquiry, which have designed to be more ben
n fetal than the mere common enjoyment OF
w ample fortune; 1t is both Just and proper tn
lie should thus employ 1t, the more especially as NJ
H. Rush had led me to believe that II she had suryiV
t me she would have applied it 20 a similar purpos
in order to carry out this intention, direct my eX
cutor 10 have marble slab, with the following
IN scTptiOn placed and maintained on some apprOpria
ok part of the interior OF the new Library Con
ol pany Building, in which my private library and 9th
~ | personal effects are TO be preserYed;-
49, .,.........
THE RIDGwAY BRANCH
no of the
~. PHILADELPHIA LIBRARY.
Of Monument 70 the Memory OF
or JACOB RIDGEwAY,
ot iS