The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-26
MERRIIT'S WISH
WILL Be 0BEYED
All Litigation Over the Big
Estate Is at an
End.
Oakland Will Soon Have a Large
Hospital for Men and
Women
Bowdoin TO Get a Big B quest AM
Seventy Legatees to Receive
Gifts.
OAKLAND OFFICE SAN FRANCISCO CALL,
sos Broadway. Nav 25.

L,f
sos Broadway, May %.
The Merritt litigation is ended. A de-
eision was handed down by the United
States Supreme Court yesterday which
releases all the complications that for
six years have surrounded the Merritt
Garcelon estate. The action OF the Su.
preme Court sets the property free 10 be
devoted 10 the uses intended by Dr. Sam
uel Merritt end Mrs. Catherine Garcelon.
The action that has brought this about
was dismissal of the appeal of James P
Merritt and Harry P. Merritt from the
decision of the United States Circuit
Court, and it is acknowledged by Messr..
Reed & Nusbaumer, their attorneys, that
there is absolutely no further chance for
appeal or litigation.
Judge Stanly, the surviving trustee
under the deeds made by Mrs. Garcelon,
is now at liberty to pay off the requests
made to her relatives and friends, amount
ing to about seventy people, and TO con-
vey TO the trustees for the Samuel Merritt
Hospital and TO the trustees of Bowdoin
College the shares to which they are en-
titled. 1t is generally understood that
the hospital, which will be located in
Oakland, will receive 5000, 900. and the col
lege $400. 600, but these amounts may be
increased.
The details of the litigation have been
published exhaustively as they progressed
STAGE the death of Mrs. Garcelon In 1891,
about year after the death OF DR.. Mer-
nit The two nephews, James and Fred
erick Merritt, threatened contest of the
will, by which DR.. Merritt left the greater
part OF the estate to his sister. Mrs. Gar
celon, and the latter made n compromise
with the nephews by which they re-
ceived $l25, 900 in cash and real estate
worth about $500.000. Harry P. Merritt,
third nephew, came out from Maine and
began a contest of the will of Mrs. Garce-
lon. Then the Bowdoin College trustees
began suit in the United States Circuit
Court, which took the whole matter of
the trust out OF the hands of the State
court. The will contest in the Alameda
court was thrown out. James and Harry
then violated their agreement and con-
tested the trust. Judge Hawley in the
Federal court ruled that the trust was
1uly legal.
An appeal was taken to the United
States Supreme Court, and in June, 1896
the final decree in favor OF Bowdoin Col
lege was entered. Six months later James
and Harry Merritt filed their petition on
appeal on the question OF jurisdiction.
The Supreme Court yesterday decided
that the lower court acted within its juris-
diction. and this ends the litigation.
The trust deed for the establishment
and government of the hospital provided
that the first trustees should be DR.. Agard
and DR.. PInkerton, both dead, and John
A. StanlV, who survives. DR.. A. ]. Rus
sell and DR.. ?. L. Wheeler were appointed
in place of the decedents. The deed pro-
vides that the hospital shall be forever
known as the Samuel Merritt Hospital"
and also that the money shall be invested
in such a manner as 10 guarantee per-
nPtnltV of the charity IWa nf a fruS
tees must always be of the regular or
allopathic school, and the other one may
be business man, but all must be resi-
dents Of Oakland.
The hospital is to be divided into four
wards 10 accommodate at least forty pa
tents in all. TWO for female and two for
male patients, and must be of such arch-
tectural design that it Will be no detri-
ment TO the neighborhood in which it is
situated. The inmates OF the hospital are
10 be residents of Oakland and its vicinity
as far as reasonable. The trust deed says:
ut is not the purpose or design of this
provision that its benefits and advantages
should be availed of or extended to such
persons as may be paupers, whose care is
provided for by public taxation, but the
benetlclaries OF this provision are intended
TO be OF that large class of all cities and
towns worthy and valuable citizens, who
though able to support and take care of
them when they and their families are
IN health are nevertheless possessed of
such limited means and income that Sc
rious or proIracted sickness of themselves
or OF such as may be dependent upon
Them would be financially burdensome,
and the said trustees are enjoinei to adopt
such measures as IN their uncontrolled
discretion will best effectuate this purpose
and intention, with tbs minimum of in
jury to the feelings, susceptibilities or
pride of the class intended to be benefited
hereby"
The Bowdoin College is located in
Maine. from which State DR.. Merritt
came. He frequently during life ex-
pressed his desire to do something hand
some for that college, and it will soon re-
ceive its large legacy.
In addition to these requests there are
seventy people, located mostly in Oakland
and the State of Maine, who receive va
rious legaces, from $1,000 to $25, 900. Judge
Staniy says he Will begin paying these
lepacies next week, and it will take about
$3.50. 900 TO do it. The whole estate is val
ued at about s., 600 900.