The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-16
THREE MILLIONS AT STAKE.
Il RICH MiN'S Will THAT PUZZLED
THOSE VINO READ TT.
What was Intended as n Great Charity BEE
quest set Aside by BROOKLYN Justice-
Tire Loss TO Poor mud Xaarnnt Children.

What was Intended as a Great Charity Bee
quest set Aside by BROOKLYN Jusiice-
The Loss TO Poor aud vasrsnt children.
Suit was begun in the Kings County
Supreme Court for the construction OF the will
Of ID MEL Low. Of New Brighton, &. l., who died
on the 9th Of last April having written his own
will in which he bedueatheG property worth be-
tween two and three millions OF dollars. After
a few legacies IN the will he directs his execu-
tors to invest 10000 the interest to go to the
support OF his granddaughter, Alice Harmony.
the principal to be divided with the other heirs
on her death without heirs; but N she married,
for her at her death to give 1t to whom she
pleased.
The testator then devised all his lands con-
tracts for sale OF lands, and notes or stock OF
companies In Mississippi and Arkansas to be
be put at interest,", and the interest, after 900
Is collected, to be used for "picking up poor
and vagrant children In the streets OF New York
and brooklyn, and sending them into the coun-
try to bo placed In respectable families, where
they may become good citizens what l now
mem Is done by the Children's Aid Society "
the city OF New York. | consider this part OF
my will as being important. as moneys appro-
priated to this KIND OF charity, in my opinion,
IL one OF the very best. For this reason want
TO- pave We, tne inyestment a permanent one, and
The hfth clause devises all his personal and
real estate, after he above legaeies, ana those
Ia "
Low, all his living children to share and share
alike, referring to marriage contract OF 1850.
Inc sixth clause provides that the portion Of
his estate coming to his daughters Evelyn I.
and Adele 4. shall be loaned on good bond and
mortgage, and the interest paid to them; but
they are TO have 5000 out OF the capital, n they
thlnk nj, when they get married. III they die
without heirs, their portion Is to 20 to his
other children aud wife or heirs or should
they be married. they can at their death AXE
sucn disposition OF their interest us they think
proper l will here remark to my sons and
daughters that think II OF tho first Importance
that the daughters portion ought, IN case they
are married, be placed where they or their hus-
bands can only use the interest on the same,
and although the sum may be small, yet IN case
OF misfortune, which all are liable to, have
seen the value OF such all arrangement"
sJustice Pratt yesterday rendered the following
decision:
From a careful consideration OF the whole will am
constrained to hold that the Intention OF the tes
Aor TO convert .ne real estate INTO personally and
respect to EveJn T. snd Adele l. Low. II the conclu.
SION Is correct IL follows ny necessary implication that
power OF sale vested IN the extent
VI the portions OF Evelyn aud Adele.
Inc rusi attempted to he created u the fourth clause
Of the VIII must be held to be VOID. Tue real estate
therein scriped to the heirs at aw Of the
testator according to the Of the states IN which II
l. situated The personally apses into the residu-ry
ln regard to the fignts ~ Alice HariOny under this
viii am tciued 70 believe estate or interest IL
the cum of ten thousand dollars vested ne eAecu.
tors In trust Tor her she having conditional power VI
II ful erec Is be given TO the sixth clause Of the
MIL ana u s upon het ground tha power Of sale IN
The eA.cut Il Implied, II follows that Eve yn A.
Arte Low take ~ interest 10 the principal fund set
apart Tor lhcr benefit, but Ia tue yx
ecntors. subject TO the trusi as herein DESCRIBED.
DO not think Alice Harmony taxes anything under
the NTH clause Of the Will not mes ming however
psss any opinion upon the subject OF her her
s 10" VI Tue testAor " any lands not situated this