Wilmington daily gazette., 1874-04-13
CURIOUS WILL CASE.
PROMINENT CHARITABLE INSTITUTIONS or
PHILADELPHIA JETEnEsTED,

CHARITABLE INSTITUTIONS OF
PHILADELPHIA INTERESTED,
A curious and interesting will case, involving
lesacies TO several prominent charitable mstltu.
ions in Philadelphia. was argued Hi lay in the !
Court of Chancery, at New Castle.
The facts Of this case are substantially ~ iol |
lows BY will dated November Q, 1916, Amy
Douyhten. Il resident of White Clay Creek hun
drcd. after directing thai her brothers. Isaac
william, John. and Benedict Doughirn, aud
Flaahfih Wollaaton. and their hei..., should be
forever dshartl from receiving any Of her e.
tale give 10 various items the following be
quests To the Trustees OF the Deaf and Dumb
Asylum ol Philadelphia, and theit successors
forever, the sixth part Of her estate: to the
| Trustee of the widows Asylum CT Philadelphia,
and their auceesaors forever, one-sixth part Of
her estate, lotbe Trustee of the Orphans Aay
lum If Philadelphia, and ,teir luccesiers forev-
er, one--iKth part of her e-tale aud then she de
yiaei the resldue to Rev. Nicholas Patterson and
Matthew Il can. to be applied 10 the use Of such
Institutions Of charity AZ they might desipna'e,
provided such iDsi 'uton ,loi a9fts .s!soted la.
IN The limits Of tie Stats of Tstalears Tkase ex-
ecutors died, aud BY codicil dated July 9th,
1866 she reyoke7 The latter clause ooGtaiDinr
this power Of selection, and alter making le
yisee of $1,000 to Mordecai poughten aud $l0o
and some furniture to his wife and daughters,
she devises the residue, share aud share alike
to The Trusteestor Managers OF the Phi,adel phia
, Water Works aud the Trnstees Of the Marine
so,iety CT Phiade lpl and their successors for
i ever. and appointed Peter h. Nandever, Eenja
: min s. Bcoit, and Thomas F. Enos executors
t and peremr,orily directs them 10 resist ever,
eff,rt to break The will, even at the ccs. OF hei
entire estate. In 1866 Amy Doughten died
a The executors failed TO notify ihese charitable
institutions Of these beaueets, and ii was not ur
til about year ago thst the fact OF such bequest
being made was discovered Last MAY The Penn
!. sylvauia Deaf aud Dumb Asylnra ieeovsre,
I Judgment sgsinst the executors for one 5ixth G
! the estate il the law court of Nav castle oouu
ty. Immediately after wards, Attorney IIeners
Lore acting ior the heirs Al Law, hled bill |
1t Chancery 10 lays the remaining legac,es 5,
e aside, on The ground that there we're no sue
d corporations IS those descrbed, aud thar III. II
10 gacies were void The will did not contain III
"a exact corporate name Of any Of the cor poration
Answers we're flsd by "Ihe Orphan Socie,
q of Philadelphia" +" incorporated in 1916, CLAIM
40 ing to be the institution described the Orph.
Asylum Of Philadelphia; by the INDECENT Wi
ows and Single Womens Society Of Pnilads
m pha, claiming to be the legatee described as Il
he Widows Asylum Of Philadelphia by the "Pen
nd sylvania Ssanen's Friend Society of Philad,
IN phia,' claiming to be the legatee described
ye the Marine Society Of Philadelphia; and BY I
hs : City of Philadelphia, claiming to be the les
ne tee intended by the description Trustees of /
is Philadelphia Water Works.
James Bsyard, for the Orphan Asylum a
Widows Asylum, Henry d. Sherred, for /
tb, Seamsn's Friend Society, and Milton Sleep
IN for the Philadelphia Water Department., q
ea evidence as 10 the way these institutions W,
nd commonly spoken of aud the objects OF each
Ok George NJ. Canarroe, Esq, Of Phlladeipl
m and Hon. w. q. Whitley of Wilmington, {
led gued on behalf of the three charitable societ
nv oi eing numerous authorities in England q
Io, the United States. John O'Byrne, Esq,
uld nhie a ro,'rnt Vi ns se 49, u ~,
torney- General Lore. The Chancellor '
ect occupied from 10 inthe morning until
in night hearing the case. His decision Is
his pected in the fall. A similar case has ne
ere arisin before in Delaware. and The resnli
ed; looked for with great interest. The amo
Gle, involved in controversy Is about 500 900.