New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-12
AN OLD WILL CASE SETTLED.
w. b. OGDEN'S CHARITY FUND.
TUE NEw-YoRK HOMEOPATHIC MEDICAL COL
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TUE NEw-YoRK HOMEOPATHIC MEDICAL COL
LEGE AND HOSPITAL BENEFITED
The controversy arising out OF the charity clause
Of the will Of William =. ogden was settled on
saturday after over three years OF litigation. Mr..
ogden died in 1878, and by the terms OF his will
devised : IL per cent of his entire estate TO his
executors, TO be devoted by them to such charitable
institutions and uses as they In their discretion should
designate. Mr.. Ogden appointed his executors
his widow, Mrs. Mariana a. ogden; his brothcrin-
law, Elwin ii. Sheldon. Of Chicago; his nephew,
William .. Wheeler; General william f. Strong, OF
Chicago, and Andrew ii. Green, OF this city. shortly
after Mr. Ogdens DEATH as various doubts had arisen
10 the validity OF the charity devise the executors,
each time they made distribution OF the funds Of
the estate. paid over IL per cent OF the amount
distributed to their credit trustees Of the charity
clause and deposited the same with trust company In
this city.
As this fund gradually accumulated the views Of the
executors became more divergent and finally they
were unable TO agree either to designate one or more
charities, or to bring suit for construction Of the
charity clause. Finally, at tho request Of Mr.. Sheldon
a suit begun in the Supreme Court to force a
construction Of the will by Mrs. Whitehouse, Mr.
sheldons daughter, Miss Butler and the Misses ogden
Jones. all nleces OF Mr.. ogden. and Mr.. McCagg one
Of his nephews. As only executor trustee
maintain an action for construction of will, the
suit had to be in the nature Of attack upon the
charity clause on the ground Of its nvaldlty.
In December 1890, Mr.. sheldon died, and shortly
afterward Mr.. Strong died. Soon aitcrwad Mr. Green
and Mrs ogden, the majority Of the surviving ex
ecutors made designation Of 70 per cent Of the fund
then about 500 ooo the Chicago University and Of
10 per cent 10 the Arnot ogden Memorial Hospital ut
Elmira y. Y. In November 1901, the Supreme Court,
through Judge decided that the charity clause
was invalid to all Of Mr. Ogdens personal estate.
his New-York lands and the proceeds Of sales Of all
other lands which had been brought to New York and
deposited in the trust company. From this decision
the executors appealed 10 the General Term OF the
supreme Court and this court, in q decision handed
down last July, held that the clause was invalid rs
10 personal property and NewYork realty, and that
as to whether It valid not 10 the proceeds Oh
sales Of lands In other states depended upon the law
OF those states, and not affected by the sale ana
deposit OF proceeds In u New-NOrk trust company.
AS tho designation Of the Chicago University me-
the approval OF all the parties In the litigation the
plaintiffs last summer offered t. settle and acc'P
The des gnatiOns already made provided their expenses
be paid and the rest of the fund be paid 10 charity
to be designated by them This suggestion met tie
approval OF ali the parties 10 the contest, and on sat
uday designation of the rest Of the fund was mad,
10 The New York homeopathic Medical College and
Hospital 10 form an ogden endowment fund or an
ogden building Or ward, less $4,000 To- be devoted I"
founding a memorial frce library at Walton, y. y.
Mr. Ocden's native town. IT Is supposed mat the
nlnd viii amount 10 about $4,000
Tho plantiiis represented by Nllla1 Alien
Dutlcr and Willard Parker Butler the executors by
nancl g. Rollins and MOwfay Williams and the other
dnfcndauts by Anderson d Rowland, Wnitehou-e ~
seymour and Frederic |. Stimson.