Morning journal and courier., 1890-06-04
rnuLIP mAnErr,s WILL.

Before she Supreme Court for Inter-
probation as 60 the Bequest for
Library Purposes In New Haven7n
Important Legal Commencement
ernOr IngersOll and Corporation
Counsel Tewnsend Contend In Legal
Batsle-Tho Testator's Intent.
Judges Carpenter, Loomis, Seymour and
Torrance were on the bench with the chief
justice when the supreme court opened in
this city yesterday. Prayer was offered by
Rev. DR.. Beardslsy of st. Thomas church,
and the first CASE heard was that of the
New Haven Young Mems institute against
the city of New Hsvea--a suit brought to
give an Interpretation of the will of the late
Philip Marett in his bequest Of some $85, 900
for public library purposes in New Haven.
The institute was represented by ex-Gov-
ernor Ingersoll and E. p. Arvins. Corporation
Counsel Townsend appeared for the city and
Burton Mansfield, one of the directors of the
free public library, appeared for that insti-
tuition.
EX-GOVERNOR INaERsoLL.
Ex-Governor Ingersoll stat ed that the
Young Mems institute considered that in
taking this income from them the city acts in
psrversion of the trust. The institute is a
| society organized for educational and library
purposes, of which the Lowell institute OF
Boston and the Brooklyn institute are ex-
amples. It has existed since 1926. In 1871
II was incorporated, since which time it has
been a most important institution to the
city. All this time 1t has maintained II.
brary; to this institute all may be admitted
upon payment of q certain fee for it's main
tenanoe. This organization was in full power
during the life of Mr.. Marett in this city
| when J. A. Sheffield gave S. 900 for the pur-
chase of books.
| Philip Marett undoubtedly meant that II
the institute was in existence 10 was to re-
ceive this money in trust. If, however, the
organization had lapssd, the money was ia
| 60 to some library of kindred nature. He
gave the estate for the benefit of the com.
munity. He took New Haven a. 1t was and
sought to benefit IL. He seeks to avoid the
ject was to give permanencs to his requests.
Thus we see that three-ffths of this estate
| were given to certain old established corpor.
ATOMS One-ffth was given to the hospital,
the oldest established society in the state.
Another fifth part goes to the orphan asy'
lums. These Institutions never die. Another
fifth was to the venerable Yale college. One
| fifth part he gave for the nee Of INDECENT per
sons. He then wenf'further and gave one-
tenth part to the feeble and idiotic persons.
The institutions of this kind are not very
strong and permanent. So he gives one-6fth
to the state of Connecticut as a trust to be
used for any institution of this kind. You
will see that the object of the testator was &c
use the institutions already existing for the
purpose of calculating his charities.
Governor Ingersoll quoted from authori
ties to the effect that all of the words of
will are to be taken into consideration. He
then went on to the effect that there was nc
right to exclude the words referred to. Nc
discretionary power was given to exclude the
words Of the testator. The words of THU
will are subject to but one construction, and
that IL that the Young Men'a institute Is The
charity designated. Any other act is substi.
tuition. II means that the free public libra
Try may receive under the will only In case Of