The Somerset reporter., 1888-03-07
The Coburn Will.
TIE OPINION OF TIE LAW COURT SUSTAIN
ING Tile NIL.

,iarston ct ais, and is a. follows =
Haskell The executors of the will Of
tbncr Coburn, gpod rid. ~ Me ., ask :
c Instruction Of thai will Most of the
respondents have answered and gen
,ral replication has been fled
The bill does not call for answer on
oath, and after replication they are not
evidence Of the facts stated in them
Clay ". Towle. = Me. Sc. After answer
hled in an equity cause, the orator may
elect to set the canse for hearing upon
bill and answer. or traverse the truth OF
the answer by replication, thereby raising
an issue of fact TO be settled by evidence
If the cause be set for hearing upon bill
and answer, the facts stated in the answer
are to be taken as true, because the orator /
elects to so treat them, precisely as
plaintiff in an action at law, by demurrer
to a defendants plea, admits all the facts
stated in it that are well pleaded.
In the cause before the court, the ora
tors filed replication to the respondents
answers, and theTcafterwards moved to
set the cause for hearing upon bill and
answer only; and the motion was grant
ed.
BY fling the motion the orators must
be held to have waived their replication;
otherwise the respondents can neither
have the benefit Of their answers as true,
nor chance To prove them true, and
would be deprived of their idefense. On
motion. a replication may be withdrawn
and the cause set for hearing upon bill
and answer. Rogers vs. Cove l. YES. $50;
Brown vs. Ricketts, , Johns. ch. ~ SO
for questioning the sulcicncy Of Il plea,
Green ". Harris, . X. l.. iul.
The three several legacies Of $50
600 to the Maine Insane Hospital the
income ONLY to be expended Annually; OF
500 900 to the Maine State College Of
Agriculture and Mechanic Arts. the same
to be funded and the income only to be
4 expended annually of $500, 600 to Colby
/ University, "Sl50.oOO of which to be
4 funded and the income only to be eNpend-
ed annually, are of like legal import,
and may therefore be considered together.
These donations are absolute. To enable
each donee to compass certain specific
objects within the scope and purpose OF
It's charter aud incident to the benetceut
design of its foundation. No other intent
can he gathered from the will; and the
intent of the tcstator therein expressed
must govern Turner vs.. IlalloWell say
mgs Institution. - Me, 90.
But If these lcgacics are treated as gift
of perpetual income the result must he
the same A giftof the perpetual income
Of either real of personal estate is ii gift
of the property That has always been
the doctrines of this court Andrews vs.
Boyd, J Me, 1879; Buttcrileld y. llasklnN'
33 Me, 392 Earl vs.. Rowe, % Me- Ala
Stone vs.. North, II Me-, 20 sampson vs.
Randall, - Me, 1913
Payment of these lcgacies TO the donccs
will relieve the executors IRON iurther
liability in the premises.
ii -S2op,o9U Is bequeathed TO the
American Baptist Home Mission Society
t"onc-half Of which to be applied IN ana
of frecdmens schools other thah the
Wayand Seminary aud 500, 900 to the
Wayand Seminary at Washington d.
The case shows that the Mission So
ciety is a New York corporation charter.
ed for promotion OF the preaching OF
the gospel in North American, WIN an-
thority to establish and MAINTAIN schools
in connection with its missionary work
among the colorcd population OF the
United States, now generally known as
freedmen, and for that purpose
to take and hold necessary real estate, ana
! receive. accumulate, and hold III trust
endowment funds for the support of such
4 schools; !" that the society has established
schools" one in each of thirteen formerly
slaveholding States, and one, Wayland
Seminary, in the District of Columbia,
The clear Intention OF the testator was
that Sl50,000 of this donation should be
applied to the support of these and such
other schools of the same class "a the
society may establish or see fit to patronlzc ;
but that $50, 900 of the same amino mpre,
should be applied to Wayland seminary.
one OF these freedmen schools.
The Mission Society, therefore, takes
the whole $3.50, 900; but Sl50,ooo it takes
/ in trust for the support or aid OF freed
mems schools according to the tenor OF
the legacy. To this society the whole
legacy should be paid.
The society is authorized by its charter
to take and hold the legacy, and ITS pur-
pose is so manifestly charitable AMI
meritorlouS that further consideration OF
It Is unnecessary Everett W.. Carr, %
Me, 325; Simpson VS.. Welcome, ~ Me.
1906 Tappan vs. Debiois, 10 Me" lZ2
Drew vs.. Wakefield, - Me vi
lll.-S3o 0oo Is heqneathed TO th'
trustees OF Bloomfield Academy to be ap
proprlated at their discretion III rounding
a Tree pubic library III the town OF oko"
heSan'
rms legacy Is certain ana speclhc, ana
Tor charitable purpose, ana should Dc
paid to the donees according TO It's tenor
he authorities already cited estapi'Sn
" SZo'ool Is oeaueathea 10 the