The sun., 1903-05-20
SUITOVER VIC. ANDREWS WILL
CHEF JUSTICE FULLER ONE or
TIE DEFENDANTS.
Hes brought In N Chancellor OF the
Smithsonian Institution. which CfaiMs
the Resitiuary Estate, Now Amount.
' inE to More Than &l,SOO, 900.

Gamaliel G.. ST. John, executor of the
estate of Wallace G. Andrews, through
james W, Hawes, his attorney. brought
suit in the Supreme Court Of this county
yesterday against the Andrews Institute
for Girls Of Willoughby, Ohio. suburb of
Cleveland, the Smithsonian Institution.
Chief Justice Fuller of the United States
Supreme Court and John Cunneen, Attor-
ey-GeneraI of the State of New York. to
obtain n judicial construction of the will
cf Wallace G. Andrews.
Wallace G. Andrews was one Of the
original Standard Oil men, and at the time
OF his death was president of the New York
Steam Company. He and his wife were
atlletl on April 7, $780, in fire in their home
81 Sixty-seventh street and Fifth avenue
His sister-n-law, Mrs. st. John. the wife
this suit. and all the ST. John children,
wore also killed in the fire.
Mr.. Andrews's will left life est al . in all
his property to his wife, gave half million
dollars TO different nistcrs and brothers
10 he dis,ribu, ell after the death of his
wife, and then left the balance 10 a corpora
'ion TO be formed under The laws of Ohio
ny his executors, who we're his wife and her
'HotHei, MI ~ cuIUl, tuIlIS |Ilt nv oI
Tho Longest liver" for the purpose of es-
tablishing on the farm in the town Of Will
oughby, Ohio, where Mr.. Andrews had re-
sided. a school for the free educai ion Of
girls between 10 and 10 years of age.
The will also provided that the charter
Of the corporation to be formed should,
in so far as consistent with the law, provide
for board Of direct ors TO consist of the
Governor of the State Of Ohio. the Men,
Der Of Congress from the Willoughby dis
trict the Treasurer of Lake county, In which
Willoughby is situated; he Mayor OF Will
onghby and Mr.. 81 John.
Mr.. ST. John caused n corporation to he
formed under the lews OF Ohio under the
ln me Of the Andrews Institute for Girls.
The present directors are Coy. Nash. Con-
gressnan Beidler, Mayor Collister and the
other official referred to in the WILL rs well
as Mr.. ST. John himself.
The estate is worth much more than
million and half Of dollars over and above
the half million dollars gifts TO sisters and
hrothcrs OF Mr. Andrews
The will provides that In case the gift 10
the Ohio institution should, because of
ilegality, fail or become impossible OF
recitation, the sum intended for 1t should
go to the Smithsonian Institution at Wash
ington. Under the act of Congress under
which tho Smithsonian Institution was
formed the Chief Justice OF the United States
is the chancellor OF the institution.
There being some question as to whether
or not under the act OF Congress. the
Smithsonian Institution is a corporation
il was deemed necessary to make Chief
Justice Fuller defendant in the suit. This
is said 10 he the first time a Chief Justice
has ever been made a defendant.
Henry Wolllnan of this city and Virgil
p. Kline of Cleveland counsel for tn,
Andrews Institute for Girls, have. on behalf
of the Ohio institution, demanded of the
executor all the money and property in
his hands The Smithsonian Institution,
which is represented by Frank W. Hackett
Of Washington and Wetmore & Jenner Of
this city, denies the validity Of the gift.
The executor. In order to have the matter
finally and effectually settled, brought the
suit against all the parties to obtain a
judicial construction of the will.