The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-06-14
FUy FoR TIE LIWYERs.

The Roosevelt viii agaiu in Court-An
Abundance Of Money TO Pay tho Co-ts-A
Chance 20 Ransack the Libra rie. Of the
World for Precedents-Meantime, where
ts Roosevelfs Great Chnrityr
The suit by Charles d. Burrill, executor of
James c. X Brown, aet Julia NJ. Boardman, exeeu-
trix Of tile will OF James II. Roosevelt to tost the
validity OF the ast-named will, was before the Gen
eral Term OF the Supreme Court yesterday on ap-
peal from the decision OF Judge lngraham sustaining
the will.
James H. Roosevelt died in November 1893, pos
sessed OF large amount OF real estate in this city
ana MestebesIer county and $4,000 personally.
h ne was unmarried ana ,eft no iaiher mother
Roosevelt brown. the son OF deceased sister, Mr..
n Roosevelt In bis Will gave legacy and an an.
real estate and 100000 OF the personally he gave in
trust TO bis executrix for the benefit OF his nephew
Tor he after his death to go to his ISSUE and Ia tho
absence OF issue the real estate to be sold and
the proceeds given TO tho residuary legatees
1S e her with all the personal estate incudinS the
successive Presidents or officers ca ofcio for the
time being" OF the New York Hospital and four
survivors or survivor OF them, for the establish
ment In this city Of hospital for the reception and
relief Of sick and diseased persons and for Its per
James c. r. Brown, his nephew, died in January
1854, unmarried and without issue, and without
father. mother, brother or sister, and without any
collateral relative capable OF inherting from him,
nearer than the representative at common law Of his
Ertatkrunuia ltr. he lett n VIII. OF Whlcn tue
plaintiff Mr. Burrill is executor When Mr. Roose-
welt made his will he possessed OF real estate
solely in this city, and q large personal property
Subsequently Hackaliah Brown, who had married
sis.er OF Mr. Roosevelt, and who the father Of
j. c. X. Brown, made a eonveyanee to Mr.
Roosevelt Of his real estate in Westchester
county for the consideration OF one dollar. The
purpose of this conveyance Is claimed to have
been, so far as Mr.. Brown was at that time
capable OF forming purpose, TO save the property
Tor his son, who had become enfeebled by dissolute
babits. This Westchester property was then esti-
mated TO be worth about $i00,0O0; so that Mr..
Roosevelt when lie died possessed, In fee, OF the
property already referred to In New York and tie
Weslcester property, which had been In MIR.
browns family for three four generations. Mr..
Brown IN bis will confirmed the hospital endowment
made by Mr. Roosevelt
IL was eontended the Part Of the appellant YES
teday that the devise being to nine trustees In per-
petuity, and indefinitely suspending the alienation OF
the real estate and the absolute ownership OF the
personal property Affected by II, void accord
ing to the statutes OF this State. IL was
claimed also that the object OF the ties.
tator's charity, "sick and deceased persons, I"
was too indefnite and that tue provision was there
lore illegal.
For toe respondents II was argued that no intent
was Indicated 20 establish hospital otherwise than
through the fundamentally of corporation created
By law that tie bequest the creation OF a con
ungent future interest in the nature OF execntory
devise and that II was not violation OF the rule
against perIetuities that there objection 20
the intended bcquest growing out OF It's nature, as
present or future, OF from the non-exstence OF the
contemplated corporation at the time OF the tesla
Tor death Decision reserved,