Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-10-04
THE HUNTINGTON REQUEST.

| ATuNslh lunllilSlon, u nlllNt VI NtTHlpni,
| but more recently of Brantiord, Province Of
| Ontario, Dominion of Canada, died January
| 10, 1877, leaving All estate inycntOried IN the
will al Two hundred and two thousand dollars
| 10 the state of Vermont a> 4 common school
fund. OF this estate, S3,i5O.OO was in real e.
tate and real estate securities situated in the
Province OF Ontario. The balance of the de-
wise is OF a personal nature ami consists Of bank
and insurance stock, railroad securities and
personal loans. Mr.. Huntington left no child
rem. lie left IA second wife who is not an heir
because of an ante-nuptial contract. The heirs
of Mr.. Huntington have commenced legal pro-
ccedings in the Court of Chancery, pray ing
said court 10 declare void the devise and be-
quest so Tar as it relates Ia real estate under
the old English statrtc of .HOrtHdu. This
statute declares void all cOnN cyancrS and de-
Ni>cs of land or any interests therein, where
the gift is for charitable uses. unless such gill
or cOnNeyancc> be made by deed, twelve cal
cndar months before the death of such donor
Or grantor. and be duly recorded six calendar
months before the death Of such donor or
grantor. And also PRAYING said court that the
whole drN Use be declared NoId, because the
trusts and conditions upon which said devise
and requests are made by the said te>tator can
not he carried out 10y the State OF Vermont AMI
cannot be enforced bv the courts of Canada,
and because the aforesaid conditions, II carried
Out would result in creating pcrpctuity; and
asking that the heirs at law he declared entitled
To the same. according To their respective inter-
est>.
Before the cause was reached for trial, nego-
iiations had bcgnn with reference To a settle
mcnt AMI adjustment of much OF the claim
~ would come within the provisions of the
statute Of .NOrfHtdiH, conditioned upon the
withdrawal of the suit. These negotiations
have a. vet resulted in no adjustment, and |
am unable To state whether il is probable that
such adjustment can he had upon any terms
that the state could consent To-. have cxcr- |
cised all possible diligence To secure such dis
position ofthis matter aS would carry out the |
wishes OF the generous donor. Immediately |
upon the commencement of legal proceedings |
by the heirs, intrusted the matter 10 Judge |
Poland, who has diligently cared for the inter |
cst> ofthc State in the courts.
Mr.. Huntington was born in R0Nhury, IN |
this State, February ~, 1874. His early years
were spent upon farm; later he worked at |
the tanners and >hUcmuktrS trades, tcarhing |
school during the winter, until ISIS, when he
To Canada, where he has since rcsi,l-
I'd. His attachment for his native state never
abated and il has been his custom for wears to
talk oyer with his friends his project of leaving
his property ~ common school fund 10 the
State of his nativity.
What lifting action should be- taken bv YOU
in recognition of his warm attachment and
persistent devotion Ia the State 1T his birth
IS mailer which leave TO YOUR wisdom
comment.
Senator's dnd Representatives..
In closing nv connection with the Executive
Department Of the State, allow me To express
10 You and Though You To all the people Of the
stale my most hearty appreciation Ut the co
operation, kindness, t"rbcarance and charity
Which have been universally extended 10 me
n the discharge of my official duties, and
rust that that Providence which controls alike
he destinles Of individuals and OF nations, Will