, 1877-04-08

codac1l therefore became imperative and void
construed the eame as If they contained no condt-
lions, restrictions; provisions, or limitations In
reference to her OF her life. The orators then cite
ried ont, and 60 On to say that the whole Of the
cstate after the discharge Of these specified lega
ees' was CHARGED ey tue will with The life annui;
naitiea the entire net income Of The es~
tate s.. was = directed to be paid by the the
during their joint lives, and upon the death Of
either, without leaving Issue, then the whole Of
such income to the survivor for life, and II either
should die. leaving issue, then the share Of such
daughter to OF for the uee Of such Issue, during
the life Of
THE SURVIVING DAUGHTER,
and after the death Of the surviving daughter,
the Issue Of said daughters. one-half TO the
issue 1he whole TO 1he issue Of the
matter stated. And It was further provided in the
will tha: IL the net income was insufficient to pay
e., 500 annually to each Of the daughters of the
ont OF the principal OF such estate. The daugh-
ters were also receive so5. 600 at the age OF 2
or at thsiT II before that
from this the orators claim and insist
that BY the true construction and meaning OF the
maining upon the dexth II his two daughters to
the Iinea! descendants OF his brother an1 sister,
and that ut the death OF the survivor OF such
daughters, neither leaving issue. tue right to sucA
half OF the estate became absolute in tue descend
nuts. and that the possession merely was po3:poned
till the death Of the widow. and that such ,post-
pouenaent was only provided IN contemplation
that such widow would ELECT to take under the pro-
Visions Of such will, and that by the true intent
and construction Of the will such provision FOR
postp0rement became useless, imperative, and
void, By the election OF the widow to renounce the
provisions Of such will in her behalf.
The bill ne1t states that Mary Louisa tied Feb.
is. ls74, aged over p. and that sne had received
her SIS, 600, and that Julia Rosa died April 4,
1876 unmarried and under 20, and without issue +;
that the accumulated increase passed to the last
pended as well as the >25, 600 beQueathed to Mary
LOUISA the compainants are adsised passed by ~;
heritauce and bequest to their mother, who is still
living TIE coMpluiuauts aver that the
ESTATE Is NoT FnEE
from nil specific liena, charges, aud membranes
created By the will or codic III favor OF any person
whatever, and, as con,plainhn1s claim, remains
naked trust in the hausuf the Trustees, charged with
no hur.hen, but only awaiting the division aad use
as provided in the will to ,hs benedcinries therein
aud to set apart onchalf for the founding Of pup-
lie library
They then 60 on to cite their ownership in the es-
tate, and their ua1nes shares, and moiette5 iu de-
tail, which they claim. They further claim and
insist that the estate vita Its annual denominations
is now idle and valueless for the purposes intended
By the te.tntor, contrary to his plain intent and
meaning, as expressed In the will, section of
which Is quoted as follows: ''Tat after all neces
sfty for providing for bis wife ceased, one mo!e.y
OF the same should 20 to his blood relations anu
the other should be used to a great and worthy
public end" Tile orators claim all to be lawful
and blood relations and deny that the Trustees
have any beneficial interest in the estate, but
only hold it trustees for the sole usc and benefit
OF the devisees md the charity declared In the
will. They recite that the Trustees deny TINT the
complainants have any present right In the estate,
while the relatives, on the other hand, claim the
opposite, md that they are entitled to their pro-
of Ars. Newperry. Tho orators 50 on to show
that some Of them are ia straiened circumstances,
and that the children of Henry L. Newoerry, who
wt5out With m nronerty' md need the moaey % for the;T
education, and their mother IL helpless willow.
The lis and needs Of The poor heirs are paiuly set
ls either q healthy or wealthy one among
them. Their apparent hclplessness. rs Wit
forth in the bill. is uost narrowing.
ests Of no party will be advanced by the further
perpetuation Of the trnst-cstate in the Trustees;
TINT The trusts in tue estate will n. have been fully
comp!ainants seek: that the annuity life inter
est of the widow. Ut her own WILL has been extin-
gris5ed: that the lfeinte.est estate of the tes-
tators two daughters, and the gift over In fee to
their possible issue, were e1tiugui5hed By theiH
death without Issue: that ct the death of said
daughters co:npla;nnnts were in being and capable
OF receiving Euch estate, and were
THE Lawful DESCENDAETS
OF the brothers and sisters Of the tetutor, and the
persons vhom as Your orators c1ai1n and insist,
the 1estator cessuntcd and intended by said will,
aud the Only persons in being capable Of taking
the1eundes Tae bill states TINT the estate Is
valued at about S., O00, 600. much Of which is in
real estate. lauch OF which Is situated us to lie
made productive, and . very considerable portion
Is in stocks or other interest bearing or income
producing securities. They file LIST OF the prop
cry, uade by the Trusteea with the bill Tie
gro=s income for 1876, received by the Trustees,
Is s94 l43: 81; net income, s3s, :aa2 -. The uv-
erage Tor the past five years has been S1. 600 per
anuan1. The oEnto1s clnim that they should set
inside one-haf OF this yca-s income. and thst
lsley are entitled to it, all Ut which
the Trustees Ceay. The ozutora cla;m that the
property IL of such character that it could easily
be divided each could receive his or her
..are, and ask the Court for the necessary relief in
the case. However. II fur any rousou it shall ap-
pear TO Re imp-ucticeble at present to distribute
the whole Of the estate then that muck thereof
1nay be distributed may be done with justice to
nll interests Or, il for any reason it should ap
pcIr to the Court that no present distribution OF
such estate can be made, thrn that the Eaf Of the
ne: income thereof mag tc aaraaced aud paid over
to conrIainauts according to their several inter-
tsts. A. hereinafter str forth.
Acu that the orato-s mAy hare such other furth-
different RELIEF ~ til. nature .! the cSc may
require. and IL shall seem equitable; and, as III
duty bound, the orators will even pray.