New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-11-28
CHARITABLE BEQUESTS.

COMPLICATED QUESTIONS ARISING IN THE DISPOSE
TON OF EPHRAIM HOLBRooKs PROPERTY
JUDGE VAN voRsT's DECISION
The suit of Belts and others against Belts
and Others was brought to settle questions arising out OF
the will Of Ephraim Hobrook The plaintiffs are the ex
ecutOrs under that wills the defendants are
the executors of his widow OF Samuel r. Belts Ephrain
Hcbrooks next OF kin and heirs mis- widows next OF
kin and heirs and all who under the wills claim an IN
erest IN the estate being thirty forty charitable
institutions, besides the Board OF Education and the
school Of all the wards Of the city over twenty
five lawyers appeared on tine trial Judge van worst
who heard tho sut has written an opinion covering lf'
foolscap pages The amount in suit when Ephrain
Hobrook died about S2900OO and by careful Investment
IA now about $5O0,0O0 Mr.. Holbro0k died Ill 1897 HIS
wife in 1874 The outline of his will is this AFTER GER
tain spccific Iegac1es which have been pd ne left ms
estate to his executors trust to pay the income OF the
remainder TO his wife during her life, giving them power
IN sell his real estate during his we's life within three
years afIer His wife to have the power to dispose
OF $4,000 Of the capital of his estate by VIII she mas
done this, but in a way which raised addtloh'h qheS-
tons AT her death his executors were to pay ABOUT
100000 among various charitable lnslltotOhs' anu
what was loft was divided between 1--WE OF tDese III
stjtutions end Samuel r. Belts each taking one sixth
Judge Van Worst dsposes first of the questions under
the vifs will She directed her executors TO make GER
tain disposition Of the $4,000 OF capital her hu'oanu
authorized her to dispose Of and the Court hoids "t
that Is proper disposition The questions arising der
she husbands Will are many The first was was INC
devise to the executors valid trust conveying an
esatef Judge Van Worst holds II as the droeioh
IN nav over the rents and income to the widow involves
right to collect the rents and income ana therefore m
estate in the property. The second question was
this estate terminate and had the executors any IIer
powers under the viii Judge Van Worst holds lhal e
atot Terminated with the death Of the widow hut the
power Of sale and management was continued Tor 'ee
wears after her death, and was valid for that time
third question whether, under the Will the estate
was real or persOa estate In the hands OF the execaOs
and when it SO. and Judge Van Worst says ta'
MS the will directs absolutely sale OF the real estate tue
property became personally as to all parts OF MS estate
except where the purposes of such conversion failed on
the tostator's death.
The most interesting question up on the requests
to charities and these fall into classes Tho Nc"-forS
Association for the Improvement o. the CONDITION Vi inc
Poor had specific legacy Of $1,000 ana Is a'so one VI
the six resduary cgatees It was incorporated ulef
the general act Of lSis aud special objection If made
to that the incorporation is Invalid for defects III tho
aper fled under the act These judge Van Worst over
rules bus another objection TO this society applies rs
well 70 the Demilt Dispensary the American Female
Guardian Society, and the New-Iork Sabbath Tract
Society. all organized under the same act I ita
act fofbds testatOr who leaves wife OF chsea 70 give
than $4,000 OF income 10 any one SoCo' VI i'
than oneourth Of the tesl1tors estate 70 re-
charitable institutions Incorporated under 10 ana tu
the amount Lett 10 these four ehaLleS inc.u1hs oi
sixth of the rc5iduary estate 10 the hrsi zoe ho
20 OnefoIth Of the testaors estate Io lnero"ro '
The noxt class includes the Eew-York Protestant
Orphan Asylum, with specific legacy OF So,UVVi m
NeW-York Institution for the Deaf and Dumb $1,000
These are also residuary leiratees TIC olgrctoh ~
ery they can take and hold and that he amount given
by The VIII carries the amount to be he'd ~ tAen Dc 5eu
THIS limit The first Of the class WAS limited AT hr'
UolbroOks death Ia 100000 bat since tn 10 capcly
to take has been extended to ~ ooOvOo, WIZ. ,,
rtt.lr NlT-f
devise The case, he says, does not come
within the Iule that the Attorney General aohe en- u
by lis charter the question here Is whether tey cSn
take a The property tey had when inc as,.se sooA
e W. .S',srv one-.iNt1 would together amount 10
about $4,000, bringing i,s property 10 $3.50 nor
than lis charter allowed which must therefore pe az
Tic NeN-York institution Tor the Blind has $1,000
and onesixh the resduary estate The limitation n
to this institution is that lie income they snaH foFr
shall not be moro than $4,000 The Income does LOT u
clude anything held on account OF lands or Daiiss o,
cupeG for the purposes oi ihr chartei Wit ~ ~,
arises from them nOr from mere eit5 10 SUSAN tai
The institution was IN rrcep, o. 10 iloliio IN i,,,
mcnts aud even II their pr perry WIs W". - o.
100000, there nothing nom WAcA At FtccNeUTIu-
600 income in 1882 and the 3'cy 70 l' %gua no, ~,
II an income exceeding tAab sph' ai.u - go r.,
TGe Institution fJl ihe Dear tud DhEip "as Hitsi 20
5000 annual income but $50 me prto.cl- @ ~ ~
hold no property {citaNs u"p.te itu ~
quest 10 t valid Another point the Judge maize D.
Hts ana rCt on gins 10 be used ~ cl.ftn; expenses,
and nothing IN these gt, S'OW5 tiat theJ arc iht'"u
TScfe was left 10 the American Homo missionary Slc
ETY. $4,000, and il was also resdty iegncc 10 thls
SCietg The objection that In 1892 70 Mas uhJc)i
pOratcd, and the judge decides that an uuinc0ro'ied
society cannot take Of Itself and Nc The legacy J. no 20
trustee fDr IT, II lapss The Court OF appeals LAS 50 d.
eiaed ANA its doo-Ou j. binding on him. Nor does help
that society that 10 has since been Incorporated nor can
Tic beguesi be sustained Request Ia e me lhcrt az
tho asocat1n lGis applies to al the societies tbep t
ihc bcqncst to the Marine Bible Society comes within
the reasons and ~ not saved because mat 5'scty
! is auxiliary the American Bible Society which Is N
| oorporatcd.
The g 10 the Board Of Education OF $1,000 for books
for the Free Academy upheld, the board Icing corpo
ration, and tho fIec Academy, now the Cceec oil lhc
City OF Newl ok being VI Iin IT. proper ouJ'cts.
As 10 the diff 20 The uces OF common scnoo's 81 the
wards as they might exist at tie time OF tho dsIiou
Sbove the raGe 81 primary Judge Van Worst holds that
tbs final Gistribnlipn" DO not extend beyond
/ the time OF Mrs. HobrOOk's death; tlaI ~ sthOOl
the tesatOr meant each department. male 81 cnae an"
not each numbered school but that THIS docs mol include
the nitOiy added To the eiy since me lcs'o ntth
The trustees Of eacn ward Of the old cy arc entitled ~
| $3.50 Tor each grammar department oldstmS III De
Other parts of his decision are that the income since
the wf death belongs the reslduarY legaees tAat
fbe egaccs which, by his decision lapse, go the heirs
of Ephran ObrOOk and not 10 the resiGuaiy ogGtecs
Among Inc counsel who appeared were c. WHY'S Belts
and Holm X Porter for pamtifs George y. Bets Tor
The heirs OF sainue r. Belts; Abbott d Wnds Tor INC
Home Missionary 5ocleIy Je tores NJ ma IN nuGb
| Asylum; Arson Matby and Aigcrnon D sullivan l0r
Mrs HobrOos executors and heirs at law b h. r. i5
Wrhtman Tor the Society for the Improvement 81 tue
az, ~; az Fact society r. H. Lord for hoirs of Daniel
| Lord A r. Dyett for the Trustees Of the Common
| Schools j. W. c. Leveddse for the American sunday
school Union; Charles r. Tracy f3T the Amerlcsn BiDe
and about 10 other counsel for nearly 20 other Charitable
/ associations. "
CASTLE GARDEN AGAIN OCCUPIED.
The portion of Castle Garden lately burned
down. aud which just been rebuilt yes
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