Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-03-22

bequest to charity should be void for
lndehniteness. But the Thompson
Will would in any event be interpreted
| by the law as it was at the time of
his death in 1863.
IhOmpsOn's estate at his death con
sited OF about $40, 900 of personal prop
erty and $ijOOOO of real estate. 1t
was maintained by the counsel for the
| Denchciaries that since the real estate
was all situated in Massachusetts the
law OF the latter state must govern
! and that law was then, as it always
has been, distinctly favorable to all
charities But this proposition would
still leave endangered the personal
| property which has since increased
to about $15O,OOO while the real estate
| is now valued at more than 81, 600, 600
The estate has undergone a great
deal of change through repeated
| transfers brought about especially on
account of the Boston fire, and the
! heirs contended that whenever any
| real estate was sold the proceeds be-
ing personal property would then come
under the purview of the New York
| law, and this claim was maintained also
as to insurance collected and accu-
| mulated rents and all portions of the
estate which had at any time been in
the form of personally.
This involved an investigation of
the accounts of the trustee for 30
years, item by item. to determine
just what changes had taken place
and what of the estate had ever been
in the shape of personally. Negotia-
tiOns for compromise were begun
something more than year ago and
all the time the detailed work of the
litigation has been going on, the com
promise propositions have been con
sidered and worked out. The counsel
for the beneficiaries have sought from
the first to bring about, if possible,
more definite expression OF the uses
to which the fund may be put than
the will provides, and to so fix it in
that regard that there would be no lit
igation or contention in the future as
to what might be done with the in
come
The will provides that after the
urgent needs of the sewing women in
both towns have been provided for the
trustee may use the balance of the in
come for kindred charities in said
town or elsewhere. II was intended
to confine this use for kindred chari.
ties " lut TWO lONuS SO IdG as lneIe
might be use for il. and to avoid con
tention in the future it was sought to
make an arrangement as to the pro
portion that should go to each town.
Rhinebeck is a wealthy town but little
over half the size of Brattleboro, with
not half the need for charitable funds
In fact there are comparatively few
sewing women in Rhinebeck An
W
the Rhinebeck representatives that
should the will be established or
compromise brought about Brattle-
boro should have two-thirds of the in.
come and Rhinebeck one-third, and
it is so provided in a stipulation and
decree. The Rhinebeck interests in
the litigation were entrusted to the
counsel for Brattleboro so the two
towns have been in entire harmony
all through the controversy.
The negotiations for compromise |
finally came to a conclusion by the |
agreement between the parties that |
the heirs should be paid 100000 and |
thereupon release all their claim for |
the present and for all future time TO |
the estate and to the income thereof. |
For convenience of settlement il was |
arranged that this should be paid by |
way Of real estate, but the real estate |
is taken back by the trustees at $780, |
600 in cash.
In the meantime William Minot. the |
trustee, uled in October last and Law
renee Minot, brother of William Minot, |
and Richards NJ Bradley. son of Col. |
Richards Bradley of this town, We're
appointed successors. The stipulation
for the settlement was finally drawn /
up, including the provisions as appear |
for the dennite application of this |
charitable fund and was signed by all |
parties and flied on Feb. 9 last. The
stipulation was presented to Justice
knowlton of the Supreme Judicial
court sitting in equity on Tuesday OF
last week and by him approved. and
the decree was filed last Tuesday.
thus bringing the litigation to an end.
The trustees purpose as soon as
possible to carefully go over the local
situation, provide for 1t, and establish
such means for proper distribution
and conveyance OF information as
seem most available. The work will
go on slowly and carefully at first of
necessity. and it must not be expected
that there will be a throwing out of
the money to all demands, or that it
will be free TO all comers.
EN-Mayor Nathan Matthews of Bos-
ton was counsel for the Thompson
heirs. Solomon Lincoln, j. b. Warner
and W. W. Vaughan have been the
leading counsel for the Mackay heirs
one of the cousins of Thomas
Thompson was Frances Mary Mackay
BY the will of her brother, William, it
so came about that she was the owner |
of one-half of whatever interest the
heirs had in the Thomas Thompson es-
tate She died in 1893, and left a
will providing that whatever came to
her estate. should be used for chari-
table purposes in Massachusetts.
One-half of the sum paid the heirs
will go therefore for charitable pur-
poses in Massachusetts and the heirs
themselves will receive 100000.
The Compromise Agreement.