Morning journal and courier., 1893-07-11
COURT RECORD.

Probate Court-Judge Robertson.
 In this court yesterday there was to have been an interesting hearing on the application of Hen ry T. Blake the only surviving trustee of the Philip Marett fund, for the appointment of spe- cial trustees the trust left by the deceased for the maintenance of any institution for the care or relief of idiots, imbecies and fseble-minded persons, which the state refused to accept in the capacity of a trustee. The hearing, however, went over until August 15
 All the benehciaries under the will were repre- sented, Hon. Lynde Harrison appearing for the Lakeville school for imbeciles, General s. E. MerwIn for the New Haven orphan asylum and for the fund of indigent poor, of which he is a toI, the city of New Haven by Corporation Coun- sel Driscol and the St. Francis orphan asylum by. Attorney James T. Moran.
 An interesting question is to be decided in con nectfon with this application and whether it will be carried into the courts is a matter which will not be known until the time for the hearing. reads:
 "One tenth part (of the estate) is hereby given to the state of Connecticut in trust the income stitution for the care and relief of idiots, i'm beetles or feeble minded persons. The appropri- ation specified above is to be made effective not withstanding any deficiency or inaccuracy of de- scription, so that my objects may not be defeated by technicality or informality.- Should any of the trust not be accepted, tho amount intended therefor shall be approximately distributed Tn augmentation Of such as may be accepted" The question at issue is whether the state in refusing to accept the trust has made 1t possible for it to be divided among the other benefciaries of the will in the absence of any mentioned instt tuition for the care of such persons or whether trustee shall be appointed who shall handle the funds for the purpose for which they were in-
 Judge Harriso on said that similar case had been decided over the fund left to the city of held that trustees should be appointed, which was done, and the fund was now being used for the purposes for which 1t was intended. The fact that there was no institution mentioned in the will did not affect it in the least. ''The ques tion is right here " continued MT. Harrison. '.Mr. Marett made the state a trustee in the handling fused to accept the trust. It would seem,
 to the trustee named did not care to accept the
 s 5a wCuS 5 be most qjust M As tS tS the was not to be divided among the other bene- ficiaries until it had been refused. Now, as fae ha. not been naa oered to 0s any which devotes itself to the care of idiots, etc., and consequently could not be refused If the care of such persons, then it might be held that the fund could not be applied in the way and 9aeq the 0p ae as ss snd is the p,epafsiy eniy iDstitutepP ieP' which ean state which is devoted to the care of such per sons Therefore can see no other just way out UT tuo matter than that a trustee sQOulu Do dp- pointed to accept the trust and carry it out ac- cording to the provisions Of the will, judging wholly from the decision of the courts regarding the inuigent fund which the city of New Haven refused to accept as trustee
 Judge Harrison also held that when Philip Marett made his will he had the Lakeville insti- tuition in his mind and it was especially to bene-
 fit this institution that he made the provisions he did,
 The other representatives of ths benefciaries we:e not prepared to give any other interpre- tation to the will other than to say that in the case which Judge Harrison had cited relating to the indigent fund for the city, of New Haven, there were certain facts which did not relate to the legacy but which do to the present case, which were not gone into. AS to whether they would contest iI, however, was a matter for future consideration,