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

r ...o The supreme court yesterday affirmed
the 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-
Sponde VS.. Anna j. Russell ct al..ap-
pellants. Richard Martin made will
Sept q, 1884, at which time he was the
owner of two valuable tracts Of land
near Minneapolis, a 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 away, and III this c0dicil
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-
ton OF the will aud codicil. ami Judge
Hicks held that the Sheltering Arms
was entitled 10 lots s, o, 10, in section =,
town 2S, range 90, Minneapolis, and the
balance of his property not mentioned
in his will, and valued at many thou
sand dollars, to 60 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, filed the
following syllabus:
A certain will and CO dicil construed and
held that il was the intention of the testator
by the codicil to substitute the residuary be-
quest i'll the VIII in lieu OF the legatee men
toned in it, new beneficiary brought i'll by
the codieil, although that instrument made
no express reference to the residuary claim
in the will deyise of real estate to ex-
ecutors in trust TO sell as soon as in their
Judgment the same can be sold for reason
able price, does not suspend the power of
alienation.
The other case is where Martin, before
death, assigned about 5000, 900 worth OF
property to Isaac Atwater. Edward
Martin and William w. Folwell, as
trustees, with instructions to convert
the property into cash within ten years
samtt give the proceeds to the st. Bar
nabaS hospital, i'll case the trustees
We're satisfied that the Episcopal
churches of Minneapolis were going to
make the hospital permanent institu-
ti6n; otherwise the proceeds were to go
the st. Dukes Hospital of New York.
!Ehe. trustees also applied for a legal
of these powers, and. when
ssludge Hicks decided that the trustees
,h@l Alright to dispose OF the property as
prescribed, Martins heirs appealed. But
the supreme court sustains the order Of
the lower court, and gives the following
syllabus :. s.~. ~ ,s .-f
.e5.1t The. declaration ofa trust or power
in trust. must be reasoaablyTeertain in Its
aHlaterial terms and this reFiuisite'of certainty
includes the sub ject mGttenof property' en-
braced within the trust, the beneficiaries. or
persons in whose behalf it is created, the
nature and quantity of the estate which they
are to have. and the - sMa,pef i'll which the
trust or trust power is to, be eNeeuted.
:. A certain Geed examined and con-
isttded. sH6idi that the power OF alienation
aefl lit.he.r .reai Uropefty therein described was
nat suspended by; tho terfps, of The ,instru-
Snie}It. nor waS-there 'effected a susp icion of
the ownership Of the proceeds Of a sale, OBJ
llo&ious to the rule of the common law in
force in this state against perpetuities
Aeld. .fuEther,.that.in respect to the several
matters in which reasoiIablej certainty IS ie-
quired, rs above stated, the said instrument
was sufficiently definite amd Certain