The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-08
The TeIfair Academy.

Editor Morning News: l notice in your
report of the proceedings of the Geor-
gia Historical Society at its last meeting.
that Col. Garrard offered a resolution
which is to be considered at an adjourned
meeting, providing for the borrowing of
money by the Telfair Academy to pay
OF debt said to be due to the president
OF the Georgia Historical Society, and
pledging the income of the academy for
the purpose OF securing such debt. This
income, IT is well known, comes solely
from the dividends of 1000 shares of Au-
gusta and Savannah railroad stock de-
Vlsed by Miss Telfair for the maintenance
OF the academy. The sum derived from
admission fees being too small to be Sc
riously considered. 1t has no other re-
sources, and is absolutely dependent upon
those dividends for its existence which
amount only to 5000. / wish to ask Col
Garrard to reply through your paper, for
the benefit of an interested member of
the Georgia Historical Society. to the
following questions:
First, does he recognize the legal and
moral obligation of an executor or a trus-
tee, to comply absolutely with the pro-
visions OF Will or conditions of
trust, when 1t is possible to do so, either
Dy doing what is directed or refraining
from doing what is prohibited?
Second, will he read Miss Telfair's will
carefully and answer how he reconciIes
his resolution, first with the clause of
That will, which prohibits any incum-
brance ever being placed on the Acad-
envy, and secondly. with the clause which
gives to the historical society the stock
referred to on special trust to apply the
dividends to the necessary expenses of
the academy and the remainder to the
the library?
Third, does he not recognize that when
a testator gives special direction to
fund the executor or trustee has no
discretion, and must, if possible, apply IL
as directed, and that when a special trust
is declared, 1t is intended to emphasize
in the strongest language the intention
and wishes of the creator of the trust.
Fourth does he realize that to borrow
money as his resolution proposes, on
the faith of the academy, is to create
an incumbrance, which is positively for
bldden by the will, and that a pledge of
the income to meet that debt is an all
solute diversion of that fund from the
purposes specifically declared by the tes-
tatriX in plain and unambiguous words?
These questions are certainly worth his
consideration when endeavoring to ad-
vance the interests of the academy AS
the Telfair Academy is public institu-
ton, intended for the benefit, not of the
Georgia Historical Society, but for the pub
lie, no excuse is necessary for PROFOUND
ing these questions to Col. Garrard, who
offered the resolution; and 1T is just as
we'll that, when they are called on to vote
on the resolution, the members of the
society who are constituted the trustees
SHOULD, as a body, have their attention
called to the will, with the exact pro-
visions of which the majority are probably
unacquainted. / must think that Col
Garrard was himself either uniformed
or forgetful of these provisions when he
prepared his resolution, and 1 would sug-
gest to him, as a substitute, the follow
ing: Resolved, That the curators of the
Historical Society, representing that body
as trustees of the academy under the
will, be positively forbidden 70 apply any
portion of the income of the Telfair Acad-
envy to the payment of any existing debt
as in absolute violation to the provision
of the will; and that they shall be required
to make use of that income only in the
manner and for the purposes prescribed
by said will" Strict Constructionist