The morning call., 1894-12-18
THE TRUST VALID.
Mrs. Cogswell Knew What
She Did
WHEN SHE SIGNED THE DEED
She Should Have Declared Her
Reluctance Earlier.
WHEN SHE SIGNED THE DEED
JUDGE HUNTS FINAL DECISION.
In Dismissing Mrs. Cogswell's Bill
in Equity He Reopens the
CogswelI School.

Judge Hunt has settled once and for all
that DR.. and Mrs. COgswell must carry
out the trust established by them in the
Cogswell Polytecnical School His Honor
rendered decision yesterday by which
he dismissed the bill of equity fled by
Mrs. C0gswel in the hope of having the
deed of trust creating the institute set
aside.
Only few weeks ago an almost similar
decision was rendered by his Honor in the
suit brought to compel DR.. and Mrs. Cogs-
we'll to fill the vacancies in the board of
trustees. Judge Hunt has decided that
the trust was valid, and after some
discussion new trustees were appointed to
fill the vacancies. But the settlement of
hat action was no bar to the present one
taken by Mrs. CogswelI, in which she in
cluded ner husband as a defendant with
the remaining trustees.
The particulars of the case are fully set
out by Judge Hunt in rendering the fol-
lowing opinion:
1t is claimed by Mrs. Cogswell. in this case.
that the deed Of trust establishing the lnsttu-
zion known as the CogSwell Polytechnical Col
lege should be set aside. upon he ground mat
in executing the same she did not properly I'M
derstaDd its contents. 1t is furthermore claimed
that the statute under which the trust was
cT6dleu, commonly known as the SLalIOfO kOl-
lege act, was not constltutiOnally adopted, aud
that the execution OF The trust Is lmpracllcabie.
She admits that the deed In question. exc
cuted by her in he office of MIR. Bishop In the
presence of the latter and OF a number of other
gentlemen, was read 10 her, but states that she
Inexperienced its purpOrt-supposed it was
an incorporation paper. The only objec tion
made by her at the time, however, was the con-
veyance OF the OniO-street property for the
purposes OF the trust.
That the deed was fully read to her by Mr..
tghn oh IA W nj m
her by tue notary public she does not deny.
That she stated to the latter that she freely
executed 1t she also admits. IL would have
been Impossible for any one 10 have mlSappre-
hended the contents of the deed. 1t plainly
and comprehensiv ly and with more than the
usual elaboration defined, expressed and re-
iterated Its purpose aud the terms and e0ndi-
lions under which the college was endowed
Under the deed she was created a trustee of
the trust the office and duty of which she exc
cuted. because she never declined the trust
and on Two occasions at least appeared at the
meetings OF the board of trustees.
Under these circumstances 1t is clear that
there is no ground 10 set aside the deed of
trust. The security OF titles would be fear
fully 1eoDardlzed If conveyances. executed and
acknowledged by married women. could D. set
aside upon grounds like these. Mrs. CogsWeil
is an intelligent, cOpScientiOus aud honorable
lady. Whatever reluctance she may have had
In executing this paper should have been mani
tested at the time OF its execution. Knowing,
as she did, Its contents and declaring to the
notary that she freely executed IL, she cannot
now impeach 1t aud destroy the great trust
which il established.
Ii is also doubtful if this action can be main.
tanned, in view of the laches of Mrs. Cogswell.
The deed OF trust was executed on March 10,
1887, the college was thereafter organized,
trustees selected and the institution carried on.
The conveyance of property necessary to be
sold for tile execution OF the trust was signed
by Mrs. COgswell; no objection by her TO the
validity OF the trust deed was ever manifested
until January 18, 1892. nearly five years after
It's creation, when suit was Instituted 10
set Ii aside upon substantially the grounds
here presented. That suit, however, was dis
missed by consent OF the parties, and then, on
January 80, 1894. another suit was instituted
to accomplish the same result.
Ii iI be true that Mrs. Cogswell as a married
woman could not institute an action OF this
character relating 10 community property with
out joining her husband as party plaintiff, to
this extent she might be under one OF the dis
abilities OF the statute of limitation. But 1 DO
not understand that IN actions where the
claims of husband and wife are adverse such
rule applies, because in such action il the bus
band is impleaded IL must be party de-
fendant. That his consent could be obtained
aud that he was willing TO join her In her action
is manifest by his presence as party plaintiff in
suit commenced in January, 1892. Now,
however, the doctor desires TO maintain rather
than destroy he rust. II was an established
rule of equity jurisprudence that equitable
relief might be denied even although the statute
OF limitations had not run at law, or granted
where 1t had run.
Mrs. CogswelPs silence during the long, period
OF years subsequent TO the execution Of the
trust might we'll jus ify an inference of her ac-
quiesence therein. But in addition to this, she
participated in The execution OF tn trus, never
declined her appointment as one of its trustees,
attended lis meetings. joined in the execution
OF c0nveyances necessary TO secure money TO
carry out Its purposes. and never In any man
ner manifested her intention to impeach the
deed of trust until over five years after its erea-
tiOn; then suit instituted by her was volun-
tarily dismissed and some eighteen months
thereaf er the present suit instituted. Under
these circumstances / think the bill fails TO
state an equity which would Justify me in set
ting aside The deed of trust and destroying the
Institution which has been so well established,
so literally endowed and so long maintained.
As 10 the other points presented in the argu-
ments and briefs, / consider they are aban-
doned. II Is therefore ordered that the Dill of
Mrs. CogSwell be dismissed in both cases aud
counsel are directed to prepare decree ac-
co:dingly.
This decision should settle the Cogswell
dispute 10 all its bearings, and it is ex-
pected that in a very short while the
Cogsweu School will besreOpened and its
running expenses supported out of the
valuable lands conveyed by DR.. and Mrs.