Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-01
YEaLOW-EEVER FUND.
II IN Released from GarBishme0t. and
il Ordered 40 be Paid Out rs
OrIxfna ally InIsDced-Judse
HnmmOnd's Decree In
the Cause.

Yesterday Judge Hammond, of the United
States court for the western district OF len
nessee, ordered the following decree TO be en-
terreed OF cord. Judge Hammond appointed
John r. Flippin, DR.. ID. I. Porter and Phil
K. Athy as trustees of the fund, to have It
properly distributed. The decree IS as
follows:
First national bank Us. J. R. FlIppin ct at.
This cause having been set for hearing by
complainant OF bill and answer, and the
record herein, came on to be heard on this
twenty-sixth day of February, 1879. before
Hon. E. 5. Hammond, judge, upon the
bill, answer amt disclaimer filed herein, and
it appearing to the court that there Is de-
posted to the credit of J. r. Fhppin, mayor,
IN the FIRST national bank of the city, the
sum of twenty six thousand four hundred
and ten dollars and forty cents; and 1t
further appearing that said money
was received by him ard d. +. Good
year, while acting mayor during ana since
the late yellow-feyer epidemic, at different
times, and that the sums so received by the
said Goodyear was transferred to the credit
of the defendant FHppir, upon the books
of the FIRST national bank, where 1t now
stands to the credit of J. r. FlIppin, mayor.
and 1t further appearing that all OF SAID
money was donated by different persons to be
used exclusively Tor charitable purposes, and
that the said defendant thppln holds said
money as trustee, to be distributed IN his dis
erection according to the directions OF the
donors; and it further appearing that the
defendants, d. T. Porter, John Overton, jr.,
w. w. Guy, L. w. Goyer, r. Galloway,
John Gum and NJ. Burke, known as the
police and fire commissioners for this Taxing
District, have entered disclaimer as to said
funds, not claiming said funds as belonging
to the Taxing District or the new govern
ment, as it is sometimes called; and 1T fur
Their appearing that the defendant Flippin
resigned his office of mayor on the thlrtleth
of January, 1879, leaving SAID sum of twenty
six thousand four hundred and twenty dollars
| and forty cents standing to his credit as may
Or in the First national bank, 1t is therefore
| ordered, adiudgetl and decreed, upon full
consideration of the paperss6led herein, that
| the said defendants, J. r. Fhppin, D. T..
| Porter and Phillip IL. Athy, be and they are
| hereby appointed trustees of said fund, to
take charge thereof and manage and control it
| for the uses and trusts aforesaid. They will
| keep the said fund in the bank of plaintiff,
which is authorized to pay out the same on
the Joint check of the said trustees, and not
otherwise. The said trustees will, as far as
possible, disburse the fund under such rules
and regulations as they may prescribe, for the
relief of the sufferers by the late epidemic, to
whom OF right 1t belongs, using their own
discretion as to the mode and manner of re-
lief and selection of the recipients of the
charity, having care TO make Judicious, i'm
partial and equitable distribution, with leave
at all times to apply to the court for instruc-
lions whenever they deem it necessary as to
the proper discharge of their duties in the
premises. They will report at the end of
each month all disbursements and expendi-
lures made by them, and file along with their
report vouchers for such expenditures and
disbursements, which said reports shall be
open to inspection at all times and subject to
exception by any one interested, but such ex-
ceptlons shall BE- fled within FIVE days from
the date Of fling such report. The trustees
herein named are appointed on condition that
they act without compensation for their SER
vices as such, but all reasonable allowances
will be made out of the fund for necessary
expenditures in and about the execution of
this decree, subject, however, to the approval
of the court. The clerk OF the court will no.
tify in person each of said trustees of his APP
pointment as such, and request him to appear
in open court and sign his acceptance or re-
fusal thereof, to be entered of record All
other matters are reserved.