St. Paul daily globe., 1892-03-12
Martins Requests to Shelter
ing Arms and st. Barna-
bas Hospital.
Provisions Of Will Held to
I Have Been Faithfully
ssd Carried Out.
Society Women Flock to Hear
i ! Miss Hilliard's Clever
ID ID Readings.
4 Wisconsin Central Switch
man Deeapitated in the
u Freight Yards.

r. ',.o The supreme court yesterday affirmed
tthe orders of the lower courts in the two
cases of Isaac Atwater ct al. trustees
and executors of he last will and testa-
ment of Richard Martin. deceased, re-
spondents, VS.. Anna j. Russell ct al..ap-
pelfants. Richard Martin made will
Sept: "a, 1884, at which time he was the
owner of two valuable tracts Of land
near Minneapolis, house and lot in
Red Hook, Duchess county, n. Y, and
nearly $4,000 in notes, mortgages. lands,
etc. His only heirs, when he died, were
brother and two sisters, and after
amply providing for them wiIled certain
property to the st. Barnabas hospital
and the SEeltering Arms, of Minneap-
oils. He made codicil to his Will be-
tore he passed.a~ay, and in this codicil
he used language that caused some
doubt as to his real intent in leaving
property to the two charitable Episco-
pal institutions. The trustees took the
matter into court to obtain coustruc-
tion OF the will aud cUdicil. ami Judge
Hicks held that the Sheltering Arms
was entitled TO lots s. o, 10, in section y,
town 2S, range %, Minneapolis. and the
balance of his property not mentioned
in his will. and valued at many thou
sand dollars, to go to the st. BarnabaS
hospital and the Shelteling Arms, both
under the protection of the Episcopal
churches of Minneapolis. The supreme
court, in affirming the order, flied the
following syllabus:
a certain will and co dicil construed and
held that it was the Intention of the testator
by the. codicil to substitute the residuary be-
quest in the VIII in lieu OF the legatee men
tioDed in it, new beneficiary brought in by
the codicil. although that instrument made
no express reference to the residuary claim
in the will. deyise of real estate to eX
ecutorS i'll trust TO sell as soon as in their
Judgment the same can be sold for reason
-able3price, does not suspend the power of
alienation.
The other case is where Martin, before
death, assigned about $500, 600 worth of
property to Isaac Atwater. Edward
Martin and William w. Felwell, as
trustees, with instructions to convert
the property into cash within ten years
SanH give the proceeds to the st. Bar
3nabas hospital, in case the trustees
We're, satisfied that the Episcopal
churches of Minneapolis were going to
make the hospital permanent institu-
tidri; otherwise the proceeds were to go
the st. Dukes Hospital, of New York.
rEhe3 trustees also applied for a legal
ecOnstrnction of these powers, and. when
ssl4dge Hicks decided that the trustees
3hai right to dispose. of the property as
prescribed, Martins heirs appealed. But
fh@ Supreme court sustains the orderof
the lower court, and gives the following
Syllabus -. r.. "a ..,...{a -s,.-.t..s
.sttt The declaration offa tFusty or power
lin trust. must be reasonablyGeertain in Its
a9aaterial terms and this reEiuisitesof certainty
IN slades the sub ject mGtterof5 property'em-
braced within the trust, the benefciaries. or
persons in whose behalf it is created, the
nature and quantity Of the estate which they
are to have, and the hdatfpef in which the
trust or trust. power is to, be eNeeHted.s..
A certain deed examined and con-
tstfded.' :H6idl that the power iof alfenatiop
Wropefty the ereih described was
.p2f suspended by thu terFps, of 4he .ins,ru-
fnielft. nor wasthere .eftecsed a susp picion of
the ownership Of the proceeds OF 4 sale, OBJ
lIo&ious tothe sfule of the cofGmoIi law in
force lin this . State against perpetuities
Hsld. .fuEthersthatgin respect to the several
matters in. which reaso oiiasle certainty Is 1e
q1ired, as above stated, the said instrument
was sufficiently deinite and certain.