Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1890-10-10
BEN FRANKLIN'S Will.
Contested After the Lapse of
a Century.
The Philosophers Heirs Want a
Famous Trust Abrogated.

A petition was filed in the Orphans Court
of Philadelphia, Penn, by the heirs of Ben
jamin 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 or the VIII
are in violation OF the law, and therefore
void -,
Under his will, probated in 200, the phil
osonher and statesman, Ben jamiu Franklin,
beoueathed in trust to the cities or Pnlla-
delphia and Boston each the sum or S3OOo,
To be invested in the form OF loans, at five
nor cent. interest. to married young
artihcers" not over the age Of twenty
five. to assist them in esta bllsnlng
themselves il business. Franklin had In
view the welfare of thousands OF appren'
tees who after serving an apprentice
ship and after having certificate OF good
moral character, and being married and not
vet twenty-five, were privileged to borrow
from this fund upon condition that two re-
spectacle citizens became their suret1es'
. The philosopher had in his eye the growth,
instead of the decadence, of the apprentice
ship system in vogue in those early days, and
he had rather a golden picture in his MIND
of the fruits such sum OF money Woulo
bring forth. 50 that in his Will he counted
with comparative certainty on the Relation
at the end of 100 years Of a sum amounting
to $685.. 900.
From this sum $500, 900 was to be devoted
to municipal improvements. with especial
reference to a water supply from Wlssahlc-
kon Greek for Philadelphia. and the Inn.
provement of navigation on the Schuylk1ll
River, and the remaining 500, OOo
was to be reinyested for another
period of 100 years. at the expiration OF
which he anticipated it would have reached,
at compound interest. the hatterlng sum OF
SOC. 900 OG1. which was to be divided between
the CITY and State, the city to receive 50, OOO,-
O61 and the State So, 100000. The same pro-
visions applied to both the cities OF Boston
and Philadelphia.
The first period of 100 years having now
ELAPSED, the city of Boston has swollen the
nucleus of the bequest to about S4OO, OOO.
The fund held by the Board Of City
Trusts has only reached the sum OF
about 100000. The suit which has
been commenced has for its object
the distribution of this fund to the heirs Of
Franklin, descended through his only daugh-
ter, Sarah Franklin Bache. 1t is estimated
that there are over fifty OF these heirs IN
Philadelphia and vicinity.
The suit has been instituted through Al
bert D. Bache, PaymaSter United States
Navy, stationed at League Island, one of
four Observation-Disclosures Of Richard Bache,
who married Franklin's daughter, and
in whom her estate became vested af-
ter her death. They are heirs in the direct
line and one of them has thus been selected
to represent the petition to the suit. The
counsel for the heirs are George W. Pepper
and Russell Duane, with Sydney Blddle as
consulting counsel in Philadelphia and John
Chapman Gray. brother of Justice Gray, OF
the Supreme Court of the United States, is
consulting 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
upon the trustees of the Boston fund, which
win prevent any disbursement of it until the
IitiDatiOD is Terminated.
The contest is based upon several grounds,
the primary and most important OF which is
what is known as the ''rule of perpetuities"
in common law. The law does not provide
the period of twenty-one years after
the lifetime of the legatee, except
funds devoted to charity. 1t is distinctly
claimed that Frankln's plan did not con-
template charity from the feet t1at interest
was charged on the loans. The claim is also
raised that the purpose of the testator has
not been consummated owing to the apathy
and negligence of the trustees both in Phila-
delphia and Boston, but more especially in
Philadelphia, where the principal sum has
only attained about One-slxth OF the proper
ton originally figured out.
The petition fled by the heirs sets forth
that the Board of City Trusts is about
to dispose of the fund for tho benefit of
the city Of Philadelphia, and asks that
the board be cited to appear in court and
answer the averments filed, and also that
it be restrained from disposing Of the
fund. Among the direct and collateral heirs
who are parties to the suit, and who have
held meetings since last april to discuss
the propriety of bringing proceedings at
law, are Mrs. E. d. Gillespie, the we'll
known organizer of charitable enter
tainments of Philadelphia; Mrs. Perry,
mother-in-aw ofDr. William Pepper, of the
University of Pennsylvania; James May
Duane, Mrs Sophie Irwin, Admiral Har-
Of several other
naval officers, and Norris Williams. The
decision of Chief Justice Gibson in the case
Of billiard against Miller will be largely
drawn upon for proceedings in this case.