The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-03

Yesterday Judge Bum, of the Ram
sey county district court, handed down
his promised decision in the Wilder
will case. and while it is a sweeping
victory for the executors, he makes
several definitions which admit the
contentious of the intervenors as to
minor points. in the matter involved.
Certain nephews and nieces of Fanny
s. Wilder sought to intervene in the
friendly suit between the executors of
the two. Wilder wills, claiming rights
under the Shanahan case decision,
which held that devise of property,
made under certain conditions, con-
stituted a trust under the statutes of
this state ana for that reason was null
and void.
The findings of Judge Bum settle
number of questions asked by both
sides of the controversy; he decides
that the legislation of 1903 hurriedly
passed as Mrs Wilder lay dying, is
clearly unconstitutional, because it's
subject is not expressed in its title;
that the Shanahan case ruling is de-
cisive against the validity of Mrs.
Wilder's will unless her gift be an
executory devise to a corporation not
then in existence, but to be thereafter
formed; and finally that the will did
not create a trust. but was a direct
devise to a corporation to be organized
for the primary purpose of furnishing
relief and charity to the worthy poor Of
St. Paul
Lawyers Praise Memorandum.
The legal fraternity Of St Paul unite
in praising the memorandum filed with
the order as one of the most luminous
and convincing treatises on the law Of
deYises that has ever been filed in
court of record The simple language.
the avoidance of dull repetition, and
the acute logical reasoning appeal to
the bar of the city, and on all sides
nothing but praise is heard for the
author of this remarkable document.
Nv. B. Treadwell whose argument
for the intervenors attracted much
comment on account of it's clarity and
direetness, left for San Francisco last
evening accompanied by Judge w G..
sVanFleet, who is associated with him
in the case. He said to Z h e G 10 b G
last night that his clients had prac-
tically won every allegation save the
one as to whether the will constituted
trust or mot He complimented Judge
Bum upon his lucid decision and the
simple, clear style in which 1t was
written. 1
G. N. Bell said last night that the
decision was just what he and counsel
associated with him expected, and the
fact that he drew the will precluded
him from mailing any extended COM
| ment upon the findings.
FaciIitstes Charitable Requests.
Jared How and F. B. Kellogg, of
counsel for the executors, were pleased
with the decision Of the court, and said
I'll ;e-I1 ln1,+ fry
charitable requests and make it pos
ible for the testator of the future to
will his property to benevolent pur-
| poses Without fear of the intervention
Of the next of kin.
Nelson H lCIapp, of the firm Of
Clapp & Mccartney, the local coun-
sci for the intervenors, was unwilling
last night to outline the next step in
the matter for his side; it is possible
that an appeal may be taken to the
supreme court of the state, but 1t has
not been definitely decided upon. The
contention of thesintervenors, said Mr..
Clapp, is that the will creates trust,
and if that~is so, that the corporation
is so indefinitely described that the
court cannot determine what the cor
| poration is, because the will provides
! that the corpora ton shall be organized
with powers "ample and germane" to
| carry out all provisions of the will, and
| no such corporation can be organized
with such powers under the laws of
| this state.
The order filed by the court is as
After hearing counsel and upon due adj
| yisement it is ordered. that the petition of
crime Spencer Ewing Lizzie Spencer Mas
| tick Annie Kennedy Iudlam,. William 5.
| Kennedy, Duncan Kennedy, Helen ID.
| McI.anahan Fanny. Spencer Day, Clara
| on
1 nepheWs and nieceS of Fanny s. Wilder.
| deceased for leave to appear and defend
in this action in their own right, be and
! it is hereby denied.
| Ordered further, upon several motions
| to that end, that the complaint in inter-
| vention filed herein by the above named
deceased be and the same is hereby
| stricken from the files herein.
| These orders are made upon the ground
and for the reason that both the proposed
answer and complaint in intervention
show that said nephews and nieces have
no interest in the subject matter of this
action as more fully set forth in the
memorandum attached hereto, which is
hereby made part hereof.
Judge Bum Gives His Reasons.
| Following is Judge Bunn's MEM
| orandum above referred to:
The questions of practice are neither
| important nor difficult. The heirs of Fan
ny S. Wilder have a right to be in this
/ case IL her gift to charity is invalid. If
4 it is valid theys have no right here. The
| court has jurisdiction to determine the
/ validity of Mrs. Wilders will in this ac-
i ton, If it is necessary to do so in order
| to decide these motions. 1t is necessary
1 to do so because the court must decide
4 whether the complaint in Intervention or
i the proposed answer shows that the heirs
/ have an interest in the fund IN this case.
Questions of law only are raised by
4 these pleadings, and I do not think it is
| sufficient for the court to say that it is
A orr hal la hal q
4 an interest; the court is supposed to know
1 whether they have or not, when no issues
Il of fact are raised, and must, think, de-
/ eide that question.
/ therefore, as most of the counsel de-
/ sire, and as think | am obliged to do.
/ decide the question of whether or not
q n