Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-01-29
CURIOUS RESULT OF A WILL,
SUIT
The Fortune an Application for an
OsA secretary secured 60 u Woman
{ Boeton Herald. Jan IA

tBoeton Herald. Jan 1871
! Elizs Powers, spilsteT. by her Will which
! was drawn By lawyer aud duly probsted an
! allowed without objection. gave some e svs
cific legacies, as follows, viz To relatives an,
friends she mace oefzuesss 20 the amount o
public charities: American Unitarian Assocta
ton ss0oao; Young Mems Christian lioa
: $500 Grantyliie uniJaTtan spcIe.y. 5000
chahning Home. s. geo: Boston Female Orphan
ASJ ium s. go; Boston Asylum aul Farm
! School for INDECENT Boys, s6e0e. Boston NJ 4
FfDe Society s. 600; Children,s Mission for IN,
nes,idute 8. GOO; 80 ;ety FOR the PfeVention OF
s2.ooo; Roxoury' Dispensary, s.. 900; Massachu-
sets Charitable Eye and Ear Iutirln try Re- loD.
massachusetts, General Hospital. S. 900: Cnil l.
duary clause, TO Wit: After the payment O
the foregoing legacies and all expenses am
charges In the settlement of my estate, SHOULD
saeae De any surplus | give and bea leath tn.
them or their ccessors, II any such should b.
appointed 10 administer ON my e5tate 10 % by
t0em dlstriouted to such persons, societies, { r
INSTITUTIONS as they may )nsider most desc "
ing" Charles Allen and Isaac S. Crufts were
baneo e&' cutorS IN suoSeauens CLAUSE ah+
acted as such Taey proc eded 70 settle the
estate ana Iald each and Of the S Aid. SD .ci1c
legscles, and there remaining an as ascer.
tained, amount OF Sos 300 In money. as the
residue, anu Which Game under the said resi-
duary clause, they formed scheme for its d,s
tributton. and presented tne same to tae Pa
Date court Tor Its sanction thereof. This dis
tfibuuon was to be as follows viz:
Soc'enfS end Instttut'omS.-Soctetyf Tor rei,t
Oh aged and Destitute Unitarian Clerg men
saeeo; Massachusetts General Hospital tor aup
port or three beds. S. 900; Boston Citi HoS-
pta!, iund for surgical appurtenancss for Grip
Boston Lying In Hospital, s., 0Oo; Sailors Snug
harb0r OF Boston, 5000; Children's Hospital
!additional! s., 600: Convalescent Home In ecu
nectlon With Chfldrens Hospital, 81, 900; Sea-
shore House, ST. 200; Temporary Home for tue
Destitute, $1,IOO; Temporary Home for Wo.k.
ing Women. $1,000: Unitarian Sunday school
Sp9 2csnr, S9oo Boston Art Museum $1,000
Greenfield. Mass. $4,000. Total, Sac, 300.
Indirfduats.-Mr F. G. Smith, $1,000; Mr..
Arthur !, dh1! d: Phelps; $1,000; Mr.. David Mack.
DIlaway, $500; Mr.. W. B. Frost, 5000; Mr..
Charles Millquist. $500; Mrs. Elizabeth Mill
quist; $780, Mrs. Harriet G. Bacon, $1,000; MS
auS Mr seT Tais poo MIS- - soo A Clement
Jenords, $1,000. (addltional0 Miss Hannah H.
Harmon, $500; Miss Caroline Seaver, $500; Miss
Harriet Taoer. $500; Miss Sarah Taber, $500;
total, go, 900, making a grand total OF SIS, 300
In this status of things, one of the heirs,
having desired and tried In vain to get an old
secretary, which was esteemed Of value prin-
5 clpaiiy from its antiquity and as an heir
loom" IN the family, applied to counsel. the
HON A. A. Ranney, TO see whether one OF the
executors had right to retain IL and keep IL
himself, instead Of selling 1t so she could have
calling for and examining the Will; and, as
result, he advised the next OF kin, Sarah
Nichols, that the said residuary clause was In
valid, and the law would give her the whole OF
the residue. Thereupon proceedings were in
stltuted In court so as to have the question
settled A bill In equity was filed 40 as to
raise the issue. and demurrer was filed pre-
sentiRg tbe question OF law involved. lie was
reserved by q single Judge, and argued about
TWO years since before the whole court The
feScrfpt, which has recently been sent down
reads as follows, VIZ: 1.-THE terms or the resi-
quarry bequest. clearly manifest an intention
that II shall De taken In trust. but the trust
Is not sufficiently defined to be carried into
erect, and trust, therefore, results by im-
piicat1on OF law TO the next OF kin of the Tesla
triX''
The result Is that all OF the said specific le-
gacfes which have been paid are not disturbed.
out said scheme, devised for the distribution
OF the said residue Is defeated and the next OF
Kin gets the whole $6S. 500. with subsequent
aecumulatfons and interest. the whole Dslng
now about $4,000. lC Is q singular fact thai,
out tor some feeling which grew out or
question as TO who should have an old secre-
tary. which was worth perhaps 49, no counsel
would nave been consulted, and the executors
W0ulC have distributed the said residue as pro-
posed above unchallenged. Mrs Sarah Nicho
was given and paid also $4,000 az one OF the
individual legatees, under the said specific be-
quests so that she or her estate {Ihe having
died during the pending or the sui) gets ali
the re5lduary SUN In addition to the SAID
$40 600.