Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-01-18
"A Curious Law Case.

Some thrty-two years ago, Mr.. Edwa rd
W. Marsh, of Plainield New Jersey,
paid the debt of nature. He was of the
Marsh family. of Hartford in this State,
long prominent in that town and in the
state his ancestor. Joseph Marsh. having
been one of the first propretors of the
town. and the first lieutenant governor
OF Vermont. He was a nephew of Daniel
Marsh, the father of President james
Marsh of the University, and of the late
Or and Prof. Leonard Marsh, of this city.
He was q bachelor. BY his will lie left
$500 to form a fund the interest of which
was to be used to care for and keep in
proper condition the graves Of his par
ents In the old burying ground near White
River Village, in Hartford, and the graves
OF his three brothers. who died elsewhere,
and whose remains he directed his execu-
tors to remove to the family lot. lie fur
Their provided that if, for any cause, it
was found impracticable to invest the 800
on bond and NOR gage for the purpose
mentioned, his executors should pay si000
in trust, to the Congregational church in
White River Village in order, as
We suppose, either that the church
might be in funds to take care
of the family lot. IL the per-
sons charged with the care Of the burying
ground did not. or that by reducing the
shares of his estate which would cone
to his heirs if the larger sum was paid
to the church, he would ensure the prop
or carrying out Of the purpose of the $40
t,ag,,
erty, except the legacy to the family lot
and the condition bequest to the church,
to his cousins, Daniel and Or Leonard
Marsh. The latter, as an executor. manag-
cd the estate; removed the Iemains Ct
the testator's brothers to the cemetery in
Hartford; sold the real estate, and divid-
cd the proceeds and the residue of the
personal property between the two heirs.
He died in 1870, thirty years ago, ieev-
ing so far rs can be ascertained. no ac-
counts or records of his payments or ex-
lenses as executor The records of the
Cemetery Association are imperfect, and
Go not show that the $500 bequest was
paid. 1t was alleged, az We understand,
on the part of the church, that the trus-
to accept the bequest, because they did
not wish 10 become responsible for loan
ing the amounts in the way specified.
In this situation of the case, after a
lapse of twenty-eight years. the Hartford
church-being tho church which several
years ago came into notice by advertising
Tor minister who must be "A republican,
ana later dispensed with him because his
views on the tariff question were not sat
isfactory 20 some of the leading church
to the fact that IL had
never received tie $1,000 condi ;ionaly be.
Gueathed by Edward w Marsh; and upon
assumption that the 500 bequest had not
been paid, proceeded to sue the present
owners of the land that once BELONGED to
Edward w. Marsh, for the thousand dol
lars and interest which would more than
double the original amount
whether it was an altogether Christian
act FOR Christian church to endeaNor
to exact two or three thousand dollars
from innocent purchasers of the land in
question. who had bought the property
many years ago and paid for it, in utter
ignorance of any such possible or impo.;-
sible claim upon It, ara who were under
no moral or reasonable obligation to con-
tribute to the support of the Hartford
church, is for its members and officers 20
decide, They brought the suit. It was
tried few weeks ago before Chancellor
stevens of New Jersey, a learned and able
!urlst, and was decided against the
church. The decision was az foIIo,vs .ra
requires no comment: