New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-01
IT'S VALIDITY IS ATTACKED.
THE WILL OF ROBERT IRWIN, DISPOSING
OF NEARLY 100000.


MANY NETWORK RELIGIOUS AND cHARITABLJ'
INSTITUTIONS OPPOSED TO THE ACTION OF
THE GRANDSON THE PRINCIPAL
BENEFICIARY.
The sign Of the boot stood for years at Great
Jones-st. and the Bowery In front OF the small
store OF Robert Irwin. In the old days the sign
was unique and drew many dollar into the
pocket of the shrewd Scotch Presbyterian, VINO
came while a youth to make his fortune in this
city. 1t the wooden image OF n boot hve
feet high. painted black and gstening with
varnish AS the years rolled by Irwin married
and prospered. He bought pew in DR.. john
Halls Church and invested his savings in real
estate. At the close Of the war he retired from
the shoe business with a fortune and devoted
himself to his real estate.
Twins only child. a daughter married Or.
Seneca d. Powell. who now occupies with his
son, Irwin A Powell No IL West Fortetn-sl.'
old Twins former home. The doctors son,
youth Of nineteen, and the grandson Of Irwin, Is
the latter's nearest blood relative and principal
heir to Twins 100000 estate.
CAUSE OF THE ACTION.
1t is perhaps. because the grandson Is not the
sole heir that he has brought action In the sur
rogates Court to attack the solidity Of the prin-
c!pa clauses of the will.
Irwin died August 10. 1892. His VIII Is dateu
Tune 49, 1892. and two old friends, James Boyd
a ca maker, OF No. u Franklin-st.. and Alex
ander Fraser. wholesale FISHERMAN, were
named as executors He gave his diamond stuos
TO Fraser and his diamond ring to Boyd. HIS
pew in Dr. Halls Fifth Avenue Church, his lot
in Greenwood Cemetery and his gold watch ana
chain to his grandson. He gave $2O,OOO In trust
for the benefit OF his nephews and nieces, anu
widow Of his deceased brother. Samuel. Dr.
Powell was to get $1,000 and like amount was
loft 10 distant relatives and $4,000 was put In
trust with the executors for the benefit of the
grandson He was to have 81, 900 a year income
until he was twenty-one when he Is to have
$4,000 Of the principal and the ACCOMMODATIONS.
He is to have the income from the balance OF
/ the s250. 900 until he is twenty-five years oio'
when he is to have 100000 OF the principal ana
at thirty TO have the balance of the s25O'oDo
From the time he is thirty until ne dies the
grandson is to have the income of S2oOVo fur-
Their nut In trust for him. After the grandsons
death the trust fund is to go to his issue. The
| balance OF the estate is to accumulate until the
grandson IS thirty. when he is to have hait' ana
the other half is to go equally 10 the four ch''-
dren Of Irwin's deceased brother Samuel
In case the grandson dies before reaching
thirty without issue, the residue OF the estate
eoes-subject 10 the following requests TO De
taken from that part OF the first estate to which
the grandson shall not have become enutieu
10 the issue Of the deceased brother, Samuel.
Two hundred and fifty thousand dollars goes
upon the happening OF the above contingency 10
the New York Pos Graduate School and Medical
! Uosnital and $40 900 each to the following The
| University Of the City Of New-York, presbyterian
Hospital Presbyterian Home for Aged Women
| of New-York Chaplin Home for Aged ana ihlIin
| NJ New-York Ola Ladies' Home Of the Methodist
| church II New York. Mount Sinai Hospital ~
| Vincent's Hospital. Board Of Foreign MIS-
/ siors Of the Presbyter an Church, Boar1 oi
/ Home Missions Prest tArian Church. Mis-
| sion schools connected with Fifth Avenue ires
byterian Church. Young Mems CHRISTIAN Asso-
| citation Of New-York Peter Cooper institute
/ Northwestern Dispensary. Northern Dispensdry
IF New-York Hospital for Ruptured and Grip
r' The following get 5000 esch: Children's Aid
Society Eve and Ear lnfirmary Society Tor the
Prevention OF Cruelty 10 Children, society I"l
the Prevention of Cruelty to Animals soei tos
FOR The Prevention of Crime, Society Tor the
support Of Colored Home OF New OK, 1etIy
McAuey Mission Home for Incurables' home .ol
| Consumptiyes the American Bible Soc!e!'
| American Tract Society. Masonic Hall and Asy-
lum and the Association for Improving the Con-
dition Of the Poor.
I-non the same contingency $4,000 each Is 70 go
70 Seneca d Powell and Mary II. Nicat, niece
Like sums also to go to nephews ana nlece -
Whoever contests the VIII on any CLAUSE ""7 ~
MADE AT SARATOGA.
The will was made 1T the Windsor Hotel Sat-
atoea Strings where Irwin died. 1t was duly
nrobated bv Townsend & Mcmahon. or no. 10
Neu--Chambers-st who appear for the executors
They have filed an account with Surrogate FIX
gerald and the matter has been sent to heleIee
DeyO for hearing ,io
Young Powell through his special guardlan
Robert c. TAYLOR OF the Postal Telegraph
Rulding has objected to the accounts ana naS
secilred from the Surrogate an order re'urhapie
| on Tuesday recurring the executors TO snow
cause why the Surrogate should not pass upon
the validity OF the trust clauses OF inc VIII pe
fore the referee hears the accounts ooJectioHs
are also made to the payment OF certain cteu'
ttors' Claims by the executors - -.
The grandson's action Is an unusual way OF
/ irving to have VIII construed. II is almost Two
wears since the will probated the ciause
~ prevent contests IL Is said. does not apply
| In Young Powell as the law protects MINOR
from such clauses He has, therefore eVeIythlns
to gain and nothing to lose. His share under the
viii Is about 100000 II he succeeds In haNlhs
! the will declared invalid he, as nearest blood
relative will inherit the whole estate
1t is charged by tha grandson that the trusi
clauses are too indefinite 10 be executed anc
conflict with the statute preventing the tElnt
nm II an estate for more than two lives In being
Jahn E Parsons Evarts. Choate and Beamaf
and n small army of other well-known lawyers
anpear for those interested in the Will.