The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1890-10-15
BEN FRANKLIN'S WILL.
Contested After the Lapse OF
a Century.
The Philosophers Heirs Want a
Famous Trust Abrogated.

A petitioa was filed in the Orphans Court
of Philadelphia, Penn, by the heirs Of Ben
iamin Franklin, praying that the sum OF
100000 now held by the Board Of City
Trusts, and known as the 'Franklin fund.-"
be turned over to them, the ground for the
claim being that the provisions Of tha will
are In violation of the law, and therefore
void. oo -,
osopher and statesman, Benjamin Franklin,
beaueathed in trust to the cities or fhlIa' faa
delphia and Boston each the sum OF S'ooo,
10 be invested in the form OF loans, at i've
Der cent. interest to married young
I've to assist them in establishing
themselves il business. Franklin had in
View the welfare of thousands of appren'
hces who after serving en- epprentlce.
ship and after having certificate OF GOOD
moral character, and being married and NOT
vet twenty-five, were privileged 10 porro"
from this fund upon condition that Two re-
spectable citizens became their suretleS.
The philosopher had in his eye the growth,
instead of tie decadence, Of the apprentice.
ship system in vogue in these early days, ana
be had rather golden picture in his nl'9d
Df the fruits such O SUM OF money WoulG
hrinp forth. SO that in his will be counceo
With comparative certainty On the reiizatlon
at the end of 100 years Of sum amounting
to 1855, 900.
to municipal Improvements. with especiai
reference to water supply IRON NiSsaHlc'
kon Creek for Philadeiphla, ana .,,.iii inc XII
provement Of navigation on the Scnuyihini1I n1
Eivar and the remaining Sl55,OOO
was to be reinvested for another
neriod of 100 years. at the expiration OF
Ehich he anticipated it would have reached,
NJ comno,nd interest, the f1attering SUM OF
s90 00OiOSl. which was to be divided between
the CITY and State, the city to receive 3d. oVU,'
D6l and the State SIS, 00o,0 900. The same pro
visions applied to both the cities OF boston
and Philadelphia.
The first period Of 100 years having no"
,,ansad the city of Boston has swollen the
nncIens of the beuuest to about S4OD, ,OoO'
Ehe fund held By the Board of City
Trnsts has only reached tee sum OF
ahont 500, 900. The suit which has
been commenced has for its obJeci
The distribution Of this fund to the heirs OF
Franklin, descended through his only aaugn,,
ter, Sarah Franklin Bache.. 1t 1s estlms1eo
that there are over fifty OF these heirs ID
Philadelphia and vicinity. A.,
:. Ths s;iit has been instituted through AL
bert D. Bache, Paymaster Cnitoi States
Nav stationed at League Island, one OF
so1,r 1,ryaat-grapdchildren of Richard Bache,
who married Franklin's daughter, and
IN whom her estate became vested af.
Ter her death. They arc heirs in the direct
line and one Of them has thus been selecSeu
TO represent thu petition to the Suit. Ihe
counsel for the heirs are George w; Pepper
and Russell Duane, with Sydney 6ldaIe as
Chinman GRAY, brother Of Justice Gray, OF
the Supreme Court Of the United States, Is
consnItinp counsel in Boston. The suit
is to be first decided in Philadelphia,
before steps will be taken to secure the fund
held in Boston, but notice has been served
noon the trustees Of the Boston fund, whic1
will prevent any disbursement OF it Until tile
litigation is terminated.
/ The contest is based upon several grounds
the primary and most important Oh Wnicn l.
what is known as the rule OF perpetuities'
In common law. The law does not provide
For the vesting Of legacy beyond
The period Of twenty-onc years aftel
tbe lifetime of the lcgatec, except
funds devoted to charity. 1t is, distinctly
claimed that Franklin's plan did not con.
template charity from the fact that interest
was charged on the loans. The claim Is also
raised that the purpose of the tastator has
not been consummated owing TO the apathy
and negligence Of the trustees both IN phila'
delDlla ana BOSUOD, ltOL ~
Phsisdelphia. where the principal sum has
only attained about one-slxth Of the proper
tion originally figured out.
! The petition filed by the heirs sets @ forst
that the Board of City Trusts Is about
to to- dispose Of the fund for the benefit o.
the city of Philadelphia, and asks thai
the board be cited to appear in court ana
answer the averments fled, and also thai
It be restrained from disposing OF tht
fund. Among the direct and collateral heirs
who are parties to the suit, and who havt
held meetings since last April to discus!
the propriety Of bringing proceedings a.
law, are Mrs. E. D. Gillespie, the well
known organizer Of charitable enter
tainments Of Philadelphia; Mrs Perry
mother-in-law ofDr. William Pepper, Of th'
University Of Pennsylvania. James May
Duane, Mrs. Sophie Irwin, Admiral Har
wood, Of Washington, and several othe'
naval officers, and Norris Williams: Th'
decision of Chief Justice Gibson in the cas-
of billiard against Miller will be largel!
,,-~.x-,, ,,,>o, foy y,.ocaaAinps in this case.