New-York tribune., 1879-03-24

Again we nave an Illustration OF inc uncertainty
attending testmentary dispositions. DR.. Martyr
Paine an eminent medical writer and practitioner
OF this city, died in November 1877. lie bad no
direct heirs He left his estate, both real and per-
sonal to Harvard College, for the purpose of found
ing scholarships and bestowng prizes. intending
these TO be mcmentoc5 Of beloved son de-
ceased. He bad heirs, as most mon have,
and these have contested the will IA most
heirs are inclined to 10. 1t cOntended that the
laws of New-York against perpetuites and accumu-
latonS rendered the bcqueSt Of the personal estate
void and that the same laws make a devise to q
corporation of real estate void unless the sand
corporation is authorized by its charter to take by
devise The law of Massachusetts permits Harvard
College so to take, but Judge Van Worst in the
Supreme Court, has decided that these laws cannot
affect real property IN the State of NewIork. The
devise OF the real property therefore void, and it
roes to the heirs If the testatOr had directed the
sale of the lands the proceeds to be paid 10 the col!
lege. the bequest would have been valid. So
far as the limitations of the devise Of per-
sonal property are concerned, it is for tho
courts of Massachusetts,, and not of New-York,
TO pass uDOn them. The decision as to the realty
is an important one and must be kept in mnd by
future testators who would not have their inten-
tons defeated by technicalties.
The promptness and hberalty with which the
members of the theatrical profession in this city
have acted for tho relief of the family Of Mr. Ben
iamin G.. Porter, the actor murdered in Texas are
worthy Of the highest commendation. Whatever
NAV be said truly or falsely of the people
Of the stage nobody will deny that they
arc very good and friendly to each other.
Indeed it may bo doubted whether any
class as "a class, can show better record of benevO-
ience and fraternity. Nor do think less of them
for their steady determination to maintain the dig
nity, respectability and pnbc usefulness of their
calling against mere scandal mOngers and ungencr-
ous critics Upon this point the wOfld Is wiser than
IT was but not quite wise it might be- The dra-
matte guild has shown itself amply able to take care
Of its own reputation and for its sake it IL not
necessary TO say word in it's defence. 1t has its
faults and its virtues, most classes have There
is no profession about winch sharp things and dull,
Il-naturcd ones not said: but part of the
world i'm spite of facts, has shown particular per
sistency in repeating the stock ISLANDERS ahout the
LADIES' aud gentlemen Of the theatre. Let it be
lnembcrcd that they at least brothcrly aud sis
terly IN their ways.
Mr.. Arthur Sullivan has published letter in an
English paper, acknowledging the receip, OF pay
ment by Manager Ford, of Baltimore, on Gceount
of the profits 0f performing "H. VI. 5. PinaiOrc.'
and he has also sent the following note 10 Messrs.
DitsOn & Co., of Boston:
Yessrs OLIVER BITsON & co.
CiENTLEMEN: You dIc TIE hTst American publishers
WHO have ever Offered any acknowledgment Tor tn"
publication of my works. although songs and other
pieces have been reprinted In the United States for
years. beg Ia thank yOu for your consideration III
lending me the cEcCk Tor SEQ Of which
hair 10 Mr. Gilbert. l, gentlemen. very truly
q March, 1879. AKTHGH SULLIVAN.
When English authors complain If "pIracy' by
American publishers they ought to remember chat
the unreasonable demands of their own publishers
have constituted for years chief obstacle 10 the
arrangement Of an international copyright. The
principal pu blishng houses this side of the water