Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-01-18
IN Chancery of New Jersey.
THE CONGREGATIONAL CHURCH or
WHITE RIVER VILLAGE.
Compla inant,
ROBERT L. BENEDICT. EFT AIS.
Defendants

! Stevens, V. c. The bill prays that a
certain legacy conditionally given by the
VIII Of Edward W. Marsh 20 the COM
IiAinant may be decreed TO be "A charpa
upon certain lands of the defendants in
iIainheld, and that these lands may be
sod 10 satisfy the charge
Very generally stated the direction of
the will is that the executors nav over
10 the proper person auth orizcd to receive
the same IN the town of IIal" ford Yer
mont, the sum Of 800 in trust in pcrpetu-
itN' TO invest in bond AMI mortgage and
lay the interest arising from the invest
ment for the repair of the graves of tho
testator, his parents and brothers, in a
bnrying ground situated near White River
Village, in Vermont. The tcstator thcn
bequeathe' $1,000 in trust, to the COMPLAIN
ant, If it be found impractcable to invest
the sum of 800 in trust as directed eth
er IRON illegality or any other cause"
1t was insis ed on behalf of the dpfen-
dants that it had not been found imprac-
ticable to invest the 500 and that conse-
qnently the contingency had not arisen on
when alone the complainants legacy vcst-
ed; but for the purposes of this opinion /
shall! assume that it had; for it appears
70 me that even on that assumption the
complainant cannot recover.
The will bears date August 10. 1865. The
testator died in 1868 He was, at the tim,
OF his death, a resident of Plainlield and
MS VIII was probated in Union county in
inns state ana in Kings county, New York
The account filed In New Jersey shows the
receipt of sJ2l.Gl, used principally to nav
bilIs FOR funeral expenses and nursing
The inventory filed in New York, shows
personal property to the amount of 81
WILL HOW this was disposed of does not
appear. BY the last clause of his Will
testator bequeathed "al the rest and resi-.
Que of his estate mot expended in sat-
isiying tn" foregoing bequests" 10 Leon
ard and Daniel Marsh, his cousins. This
residue appears to have consisted of a val.
liable plot of land in Plantield and of
land in the States of New York and Ohio
/ Shortly after the testator's death, Dan
! lei and Leonard, ignoring $50 the bill
charges) the fact that the legacy to the
church was charged on the lands took
possession Of the Plainied tract survey
ed IL, and on February IL. 1869. by Their
indenture OF partition, divided 1t between
them, On October g. 1871, Daniel sold and
conveyed his portion to Robert - Bone-
dict who san holds the same. Leonard :
portion was sold by lots, for valuable
consideration. at various times, to various
purchasers between 1870 and 1891 The
purchasers have, in nearly every instance
resold and several OF the lots have been
mortgaged. All the present owners and
mortgages, thirty-three in number are
parties defendant, and every one OF them
is admitted to be a bona fide purchaser
for value without notice, except in 50 far
as the will Of Edward w. Marsh, through
which. Of course, all the present owners
claim. gave him notice that the legacy
was. not In express words but by the
legal effect OF the before quoted Language
ontained in the residuary clause, charge
ed upon the land The bill daes indeed al.