The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-06-17
THE RICE INSTITUTE.
Legality Of It's Incorporation Is As.
sailed in Court.
TEXAS LAWYER TESTIFIES
In the Surrogate's Court on Statutory
Law.
TRUSTEE NAMED FOR LIFE
In the Will-The Law Says lie Shall
Serve for One Year.
If THE 1895 WILL IS FOUND INVALID
William Marsh Rice viii Have Died In
state So Far as that instrument
10 Concerned.
Especial to The Post,

NSPSClN 10 Iue foet't
New York, June 16,--surrcgats gitager-
aid is handling with considerable rapldity
the motion to admit to probate the win
Of William NJ. Rice, made in 1895, which
was presented for that purpose by John
d. Bartine, one Of its executors. After
granting an injunction to prohibit the sur
rogate from hearing argument on this mo-
ton, on account Of the attitude of two
OF the witnesses TO a will, the contestants
OF the 1896 one have presented, who, be-
Ing under indictment for forgery In re-
lation to the same, claim their testimony
might tend to Standardization, JuHtics
Blshoef of the supreme court vacated
the Snme, aud the matter passed up to the
court OF appeals, which finally ruled that
the surrogate might hear the case and act
upon 1t. The prepayment has SO far pre-.
sentod evidence to show that the contest
ants instrument, dated In 1900, was for.
gerry as to the testators signature, and
the latter has called witnesses 10 prove
its genuineness. Tho question OF the legal
Incorporation Of the William N. Rice instt-
tute, and It's consequent power TO receive
bequests has arisen, and argument ~ now
being heard upon this point. Oscar Burg.
strom formerly Of San Antonio, but now
practlcing In this city, was put upon tha
stand today as an expert In TEXAS law.
The point raised was that the articles OF
Incorporation of tho Rice institute stated
that the trustee named at the time II was
created should hold office for lifs, where
as the witness claimed tho Texas law
made IL obligatory that they should In
the frst instance be appointed or elected
for one year. The nicely Of the question
as to whether the wording OF the statute
'foP one year. limited 1t MS to an exact
term, or only intended that It should not
be for shorter period was argued back
and forth by Mr. James Byrne for the
prepayment, and Mr.. Tomlinson Of Well
man, Gooch & TomHnson for the coz.
testant.
RICE INSTITUTES FAH@A
Mr.. Burgstrom could give no court @ss
cision 10 uphold this point. The witness
also said no believed tho making OF sew
eral objects tho reason of creating tho
institute. as 1t is claimed is stated in tho
Incorporation papers, was also against the
Texas law, which he affirmed did not per-
nit of more than one object for organizing
being included in single instrument. lie
cited one court decision in this comes
ton but was not positive as to whether
or not the reasons as given for creating
the institute could not after all be regard
ed as a single object IN legal sense, Tho
fact that the secretary of state OF Texas
had accepted the certificate of incorpora-
Ion for filing did not make tho institution
prima facia legally existlng one, ac-
| cordIng TO the witness. He said that the
| secretary of state is purely an administra-
| tive officer, and his acts had no judicial
| weight.
Captain James A. Baker, Jr., was then
| put upon the stand by the contestant. but
the questions asked him by Mr.. Tomlinson
| were 30 far from relating to the 1896 Will
| tnat he was not allowed to proceed far,
| the surrogate ruling that In the order of
proof the contestant could not call wit
nesses regarding the will itself at this
| time, as the question being now argued was
the legal existence OF the Rice institute.
| Nothing further was accomplished before
| the adjournment late this afternoon.
| The Importance Of showing whether or
not the Rice institute can receive be-
| quests is great TO all parties. but espe-
| cially to those representing the prepayment
| in the present action, as under the Will
| of 1896 the Institute is the residuary Legal
| tee and would receive the bulk of the
no legal standing, this 1886 viii would
I probably be declared lnvalid, and as far as
| that instrument Is alone concerned Will
| lam NJ. Rice Will have died interstate.