St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-18
Judge Brill Hands Down 8
Decision Constituting the
Famous Will.
Personal Property May Be
Sold to Pay the Debts
and Legaeies.
Consul Listoe's Friends Ten
der Him a Very Conviv-
ial Banquet.
The Arrest Of Freeman Hol-
brook Turns Out to Be a
Mere FiZzle.

Judge Brill has fled a decision in the
case of Mary G. Hale and others, exec
utors of the will of the late Judge
Hale, against the city of st. Paul and
! others. The decision is a construction
of the will of the late Henry Hale. who
left a large amount of money toendow
free dispensary and public library in
the city of st. Paul. The appraised
value of the estate is S1,2d5. 0oD., Aside
from the property left Mrs. Mary E.
Hale, his real estate. is worth S7G7, $50.
and personal property worth s74,3 1871.
His debts amounted to S226. 065.of which
$4,000 was due Nov. l, 1891; SIS, 900 will
be due Aug. l, 1892. and $4,000 falls due
Oct. q, 1896. The anndal income of the
estate is $4,000. and the annual eX-
penSeS S23, 900. In constituting the will,
Judge Brill decides that the debts and
legacies to persons other than the city
shall be paid. as they fall due, out OF
the income of the estate, except in case
1t may become necessary to sell personal
property to pay them. The legaeies to
the widow and other relatives named
in items Is and 10 uf the will are TO be
paid only from such part Of the net in
come as may remain after payment of
the debts as they mature. The legacieS
in other items of the will are to be paid
when due. In case the income Is not
sufficient to pay debts as they mature
and legacieS named in items TO II
inclusive and item 20 of the will.
as they become due under the terms of
the will, the executors shall have power
to sell personal property, as. far as nee
esSary, for the payment of maturing
debts and legacieS. If the proceeds of
III fyrn ~ fnp
the purpose, then the executors, In their
discretion, may either sell or mortgage
the real estate to pay debts as they ma
ture and the legacies named in items
Nos. to II inclusive and Item No. 20
of the will as they become due under
the terms of the will, in so far as the ii-
come of the estate and the proceeds OF
the personal property are insufficient to
pay them. Among the requests so pro-
vided for paymentas stated above are the
following: st. Luke'S hospital, S26. 200,
in twenty annual inStallments; the So
ciety for the Relief of the Poor, $4,000,
in ten annual iDstaliments; the Protes-
tant orphan asylum, $4,000, in ten am
nual inStallmentS: the Home for the
FriendleSS, $4,000, in ten annual INSTALL
mentS.
The requests for establishing free
dispensary and a public library are
named III item twenty-siX of the will.
For this purpose the half of the estate,
left at the end of trust, which lasts
twenty-five years, is bequeathed. The
half of the estate Is divided equally be-
tween the free diSpensary and the pub,
lie library. The income of the estate,
after paying debts and other specific
legacies, is to be divided among legatees
for twenty-five years, after which one
q fn 40 aItl
fourth to the widow or her heirs, and
the other fourth to his neDhews and
nieees or their children, as provided in
the viii . 49,. u IS