Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-10
ALEyA. GAZETTE & VIRGINIA ADVERTISER


Suit About Monticello.
The Supreme Court of Appeals was engaged
Yesterday in the further consideration OF the
case of Levy ct. al VS.. Levy ct. al
A short history of this case is as follows
1t is an appeal from decree pronounced by
the Circuit Court of the city Of Richmond, on
the 30th of November, 1868, which declared
certain provisions of the will of Capt Uriah
p, Levy to be invalid. The provisions of the
will declared invalid read as follows:
after paying the above legacies and be,
quests, or investing for the same and subject
TO my wife s dover and use of furniture, give,
devise and bequeath my farm and estate at
Monticello, iu Virginia, formerly belonging to
President Thomas Jefferson, together with all
the rest and residue not hereby disposed of,
my estate, real, personal or mixed, not hereby
the people of the United States, or such per
sons as Congress shall appoint to receive it,
and especially all my real estate in New York
10 trust for the sole and only purpose Of estab-.
fishing and maintaining at said farm OF Month
cello, Va, an Agricultural School for the pur-
.,ose of educating as practical farmers children
of the warrant officers Of the United States
Navy, whose fathers are dead. Said children
are to be educated in plain way IN the ordi-
nary elementary branches to tit them tor agrl-
cultural life, and to be supported entirely by
this fund, from the ages Of twelve to sixteen,
and each of them to be brought up to do all the
usual work to be doue on q farm, the said
farm to be so cultivated by said boys and their
instructors as to raise all they may require to
feed themselves and the school master, and
farm.
Il also give and bequeath, for the purpose
of giving such fuel and fencing for said Monti-
cello farm school, two hundred acres of wood
land of my Washington farm, called The
Bank Farm in Virginia-the said two hun
dred acres to be taken off from said farm, here
by devised to my nephew Ashel, and to be
designated by said Ashel. In establishing said
farm school. / especially require that no pro-
tessorships be established 10 said school, or
professors be employed in the institution. My
intention iu establishing this school is charity
and usefulness, and not for the purpose of
pomp. In proportion to the smallness in num-
Der Of teachers so will industry prevail. The
institution must be kept within the revenue de-
rived from this endowment. ana under no
circumstances can any part of the real or per-
sonal estate hereby devised be disposed Of but
the rent and income Of all said estate, real and
personal, is to be held forever inviolate, for the
purpose of sustaining this institution. The es
tate and land in New York can be leased to
great advantage for that purpose. Should
the Congress of the United States refuse to az
cept of this bequest, or refuse to take the ne
ccssary steps to carry out this intention, then
devise and bequeath all the property hereby
devised to the people of the State OF OF Virgin
ia, instead of the people of the United States,
provided they, by acts of their Legislature, ac-
cept it and carry it out as herein directed. And
should the people of Virginia by the neglect
of their Legislature, decline to accept this be,
property to the Portuguese Hebrew congrega-
lions Of the city Of New York, whose syna-
sogue is in Crosby street. New York; the old
Portuguese Hebrew congregation whose syna-
gogue is in Cherry street, Philadelphia; and
the Portuguese congregation OF Richmond,
:, Virginia; provided they procure the necessary
legislation to entitle them to hold said estate,
i, and to establish an agricultural school at said
Monticello for the children of said societies who
are between the ages Of twelve and sixteen
years. and whose fathers are dead, and also
similar children of any other denomination
Hebrew or Christian. To order to enable said
Hebrew congregations to hold said estate and
carry on said farm school, q charter will proba-
bly, have to be obtained upon the application of
said congregations to the Legislatures of Virgin
III and New York. L direct my execu-
tors, hereinafter named, or such of them as
shall qualify, to invest the funds arising from
said estate in some safe paying stock, as fast as
property and estate hereby devised and be-
queathed for said schools. and In their lands,
until the proper steps have been taken by Con.
grcss or the Legislature Of Virginia, or the said
Hebrew benevolent congregations to, receive the
same and discharge said executors. | appoint
the Honorable Benjamin +. Butler, David V.
s. Coddington, Ashel S. Levy and Joseph H.
Patton, counselors at law in the city of New
York; Doctor Joshua Cohen and Jacob |. Co
hen, his brother, of Baltimore; George Carr,
attorney at law, Charlottesville, Va, and Doc
tor John b. Blake, of Washington city, exc.
cutors of this my said will and testament, and
trustees Of said estate, and in case Of the death
OF either of my executors or trustees, or their
REIMBURSEMENT or inability to act / direct that
the remaining qualified executors or trustees
act without him."
Captain Levy died in New York in 1862, and
left some $500, 900 for the purpose Of establish
ing the Agricultural School At Monticello.
Most of his property was in the State of New
York, aud 10 regard to that his heirs institured
IL suit in that State for the purpose of having
the will construed; and the Court of Appeals of
that State decided that these provisions of the
will were invalid, becauseit created an 'inGe-
finite charity" and was therefore, void. II
also declared that the United States could not
take the property as trustee, and as the State
of Virginia was not party to the suit there,
she has instituted the suit here, claiming as
secondary trustee to be entitled to hold the
property tor the purposes indicated 10 the will.
The appeal here WAS taken by Attorney Gener
al Bowden, with whom was associated Judge
Meredith. Judge William j. Robertson occu-
pied the day in an elaborate argument for the
appellees, and will be followed to-day by At
torney- General Taylor for the appellants
Richmond Enquirer.
At watch meeting held in Christ's (Epis-
copal) Church, in Boston, on the night Of the
3lst of December, the British subjects present
sung God Save the Queen" and after pray
ers for the President Of the United States,
prayers were offered for the Queen and royal