Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-05-22
HOSPITAL WILL BE BUILT.
WORK TO BEGIN AT ONCE UNDER AU-
TH0RITY OF THOMPSON TRUSTEES.
Mass. Supreme Court Says That Trust Must Be
Administered by Persons Under Its Author
ity and Not Under Local Jurisdiction Some
Instructions Of the Decree.

Instructions Of the Decree.
Thompson hospital is to be built.
Work is to begin at once. This is the
good news which comes from Boston.
All Brattleboro will learn with delight
that the confusion and trouble of past
months has been dispelled
A hearing was held in Boston last
week, at which Attorneys Waterman
and Fits were present, with reference
to the modification of the order of the
Massachusetts supreme court concern
ing the administration, locally, of the
Thompson trust fund.
The court confirms the authority of
Trustees Minot and Bradley to admin
lister the trust in accord with their ap-
pointment, and denies the right of the
statute recently passed comforting the
administration upon local authorities.
Following is part of the decree of
the supreme court of Massachusetts
modifying the order which, for time,
suspendet the use of the Thompson
Trust money for hospital purposes in
Brattleboro. The decree gives the trus-
tees instructions as requested by them, |
in view of the recent statute. 1t also
defines the conditions under which |
the money of the trust can be used in
Vermont, and states the requirements
of the court that the trust must be ad-
by persons who derive their
authority from and are responsible to
the Massachusetts, court.
All parties will agree that prompt
settlement of this question was greatly
to be desired, for the administration
Of the trust under conflicting jurisdic.
tion would have been impossible As
a result of this settlement, work on
the hospital is to proceed at once
There has been much misunderstand-
ing as to what the trustees could and
should do, which this decree may serve ,
% correct. The decree reads in part: !
1t is ordered, adiudged and decreed as and /
or an interiocutory decree in this cause that :
mont. copy of which is annexed to the peti- I
ion for further instructions filed in this cause
" the petitioners on March IL, 1908. Although
10 authorize the appointment by
robate court in the state Of Vermont of triis- t
ee to pay out and distribute the amount to be q
1yen or distributed under will such as is the T
'ill OF the testator Thomas Thompson, and un- Z
er decree such as has heretofore been made
D this cause by this court, cannot nevertheless,
consistently with the law Of this Common =
Ieaith, be made to operate upon have any u
pplication to the trusts declared by the will Of
he testator, Thomas Thompson; that the said Ii
rust must be administered in accordance with :;
ne laws OF this commonwealth and in accor- II
ance with the will of the said testator as the II
a@s r ana az said VIII are interpreted and eS
nd must be administered by persons who de- u
We their authority from and are answerable to
ne courts OF this commonwealth; and said Pc
tioners are instructed that it is their duty 10 a
ON administering their trust IN the state of
ermont, in accordance with the said will and oI
ith the decree Of this said court, made in this ~
use March IS, 1901, until the further order of y.
is court. Is
The court does not deem ii necessary at this II
me TO interrupt or suspend the execution Of ,,,
Id trust in the state Of Vermont, for the rea- W '"
n tnat SAID statute is not mandatory in its III
rms. and it does not appear that the courts of pe
9rmont have construed said statute as apply 81
( 10 the trusts under the will of Thomas -
iompson, nor that any proceedings have been oe
ken in any probate court in Vermont looking sy
the appointment OF trustee to administer w
Id trusts. W.
Il any proceedings shall he taken In the state de
Vermont for the appointment, under the au- A,
ority purporting to be given by said statute 70
in the state of Vermont. of the ll'
d trusts under the will of said testator, then or,
petitioners are directed TO bring the matter h i
the attention of this court for such order and IL
ection as the case NAV require. and said in SCI
locutory order of April II, 1908 is modified
'ordingly. 40
Plans and specifications for the fid
spital have already been accepted. ho
will be built of brick and cost S50,- col
}. The design follows out the sug- do;
stion of Mr.. Thompson. Messrs. thi
adley ana Minot, the trustees, and cot
al physicians. Work will begin with da,
two weeks, it is expected. A large
ce will be employed.