New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-12-09
TIE WASHBURN WILL CASE.
ros1r1oN or rnr AMERIcAN r1RIE socIETY.


late Hon l. Washbum Of Worcester Mass:
This gentleman was an opulent manufacturer IN WoI,
CeScr. tie died Dec So 1903. lts Wlo9W l"ln ~ ti,,
dated Jan To- 1870 stating that her late husband hal i,
win and c2a.s g'nS iSg .tgnns II. with Ave
others, resagary lesgtee OF OIL ms es'S 5ed ne
further, that three weeks ttIo I,,y nm another
will which, in consequence Of his snGNen , Jun Gis
MI ne , S MIR Works and I'm the drafted hut
unexccutcd paper the same amount wa, gwen St '
same Iccltccs under the name of the " aSlou ~ " ,o
sos6 bv tie company" the widows petition asserts
"aftor the CONSULTATION WIN IL Made oad n pro
pos'u 10 the several rosGu9ry, leseeess The IN
win her ON ",mojIihaeia s b't very properly
declined to DO one or tle other OF mans g new basis
tthct, u9 9 % ION, either will The Bible so,l-
cty has never been asked and 10 parties oiyi sn1b
an ir1ursssion has bccn made by certain li, ,r
fOr their own purposes, bat no yI md 1,ut il i'm Tho
piace az Inc first Tie widows petl4H w 7 w. icfi
as viii show % making I'M. ,t of Tie estate ON a
"modidci basis Tie foliovius ere ,Ae J'5 On %y
she proposed 10 settle he estate u s"c 'o" e'' ''i'
OF ~ residuary lrg1tccs. she VIZ, i.. n 81. t,
Te VIII m, lsr ard r .ri 4, ,s e.. os-cc.y Of the
- -t Is, hereby signify ny readiness to settle nlo- tie o
01i , POSSESSION Of ny husbands homestead estate with all its
sppu,ersa IS u.n p ' M re-ol estate intending al ,se
To-, cnios s55 a he sc to ~ ecuor IN m5 Prystco hat
b s9s 81 70 lave and ysaJul Moen Manuc
yesy Of IS Ojj instead g. 900 % Buckley faithful
eee be sud insert when the viii soua be retained
Ms ,a's by 4ssd to Mrs sh w. ozsi 9ie21 Of my
Bi-i according TO e deliberate purpose Of my husband repeatedly
ID. Unison Of ne Massachusetts, Home Missionary So, y to
se = - m az, as one OF tie rdaa1y ega'ces according to the
p @ where Ire iio.t q the T. W'sa i Mo.n WINE 5
eci mi designed ~ TIE as; sI 70 be- The so'k Of the Wahbun
ne ~ rHeni to FOR the charitable us % which hey were
ns Paa and the Bd.ou fs.eat r-ti,r u named the VIII
IN r6n Of te proceeds u NE Eeue1c Pate 90 te cause Of
e5e coT5l.a Of The Bedson among private papers Of
ny husband.
Attention may he directed to the following facts:
She says, "Ny object is simply 10 nave carried ont
me l Io'i,}nS o. t SIts capaIs Of benz called
Wills Mrs W means by the last real Will" the draft
T t she bf6p6sss to settle by having legacy Mr.
Buckley of 5000 which was in the actual VIII ana also
the Widow says my object is simply have carried
ont tho provisions Of the last real will of my husband
and then proposes 10 write 5000 where IN hpjh
wills was written only $1,000 The amount is Of
no importance in estimating question OF moral moral
whom Nj. WasLhun named as a resduary lesatoe 10
take what left of his estate after paying certain leg
accs, including s2c'0 to- NJ. Buckley The Blpe society
has right 70 say that Mr. buckley may take S5oJ1
of with much less. The Bible cause may lose only $40
$50 by the increase of MI Buckeys legacy but the
Washiurn ordered to Ne gwen to the Bible cause
g. Tie same prime pie apples 70 tHe louTJh lroPoston
" III, ''i'i.''' l.
at IN Maine 70 Mrs. 0nSfd niece OF the deceled
both wills made with no mention, by The testa-
tor of such disposal Of his property The widow says
proprtv Int he also proposed not to do il When he ex
ecuted Lis first and dictated his second WILL three weeks
before he died so that his deherate purpose was not to
do with this property what the Bible Society is asked TO
s. Mr.. waslru1n proposes that the fIassaclWetts
Home Missionary Society shall be admitted rs one OF the
resduay egstee- according 70 the terms OF the last
will whereas the teetator 10y h last will directs that
this Society be substituted for the Home Tor me aged
Tho proposal therefore is 20 set aside the clearly eX-
pressed Intention OF the ttstaor and the BDie society
would be Justly e,nsHr,Ins Itr teng liy 70 IT, ~,
certain pat and them for the benefit of the Bible
Society was very wisely Declined. FlTs because tIe
showing very clearly that az man OF busnessit was not
his opinion that Bible Society should be bothered
with an interest the profits temperng patent or
BcdsOu patent, whatever they may DE and secondly,
because the Board coucuIred iu Mr. Washbuns opinion,
and desired carry ont in an respects his intentions
The sixth proposition OF The widow was to suhsti-
for me l. WashbuTn & MOen Wire Works named in
the Will This could have been easily aSceded 10 10y tle
Yet IL is not question which the Bible Society is re-
quCG " ~ ne aTe % MAI called by another name
in the real Will, there is no necessity Of obtaining the con-
the Society has ht TO consent The executors of The
estate wond seek legal advice on That point, and II
ucressar obtain decree Of the Court authorizing them
70 laJe1Pl,, e WIZ % Ri societv is worth nothing
IN the interpretation especially as Il u party IN inter-
est II IA should consent 10 the substitution, The eNecu
tors vd have no right so TO interpret the wi unless
they had evidence dversey stocks are
the property and having ha evidence te consent
Of the Bible Society not required in order 10 make the
substitution. Yet if the Bible Society had been called
upon TO give its consent to ths ana 70 setle
with the executors on this basis there ls no 10 pc
hcye there would have been any dihcu.{ IN me way
provided the society were ihaoe 'lft sue " SUI
STATE Of Massachusetts, relating to the set
nf edT. o ie s5tfS could see at the stock named in
the fret viii had ceased 20 exist, amt IS now represented
did not propose settlement this basis. She sub
mittcd seven several conditions some q winch are IN
wills and which the Bible Society could not entertain
without being tase u lts rus ana 10 'he VIII OF MI
Two things here 70 be care fully noted: First, Ilat
Tie stock therein devised may nc worth
par at his death and in that case he directs me amount
TO DC pod TO her az the value Of the stock so that
tho pr.b tea Will had been executed and tie various
lesaces paid under IT, the widow would receive Dollar
for dollar just what she would nave, lHe
suDsu'den Is made, or by inc s9Dstit
tuition she gets more, ne more Is So, |o"I ~
her And secondly, after careful examination into the
effect Of the t~o wills upon ne interest. o. tLe blDe
Society, 1t Is ascgt-lned thl IAe &,uo,ul 10 acVlo
10 the Society is greater under the second or IN
ttion, Therefore, 10 aeeede 70 any Proposai which
will substitute the second VIII FOR the nrst Bu tls L&s
never been asked The proposal 10 set aside both wills
nl1 mas "a I t tife nv UrecCdSnf law or equity
At the monthly meeting in November last, the hcv Dr.
thai the Bic Society consent the substitution Of the
stock named IN the unsigned Will for that named III the
will Tic subject wa referred 70 Inc Lek43Vg ~ 49,
mittee 10 report the facts in the case resLecuAg these
stocks On their report being made, last THURSDAY MI
NCePrsideat Winston moved that the Board consent u
the substitution But al this juucturc, Rev. II. I.
Cheever brother Of the widow, and her representa-
tive, and said he should object 10 such motion,
and would vote agaI. it! Upon this uncXpecttd Oppo
aton from mat side Mr.. G. ID. Phelps sad he bencteu
that IL was impossible 'OI the Board 70 make sdsIae
tory disposition Of Tie case aud he suggested It's refer
"a outside aud c-iuorcsted parties for aulcaDe ad-
gustment. 1hs course was immediately resolved upon,
and II the Other tgatccs consent such disposition OF
nc case VIII he made.
From this review Of the washburn will case it is
manifest tiat lLc Bible Society has sought 10 ascertain
and carry out III good faith he intentions OF the teetaOr
y oil