Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-11-17
MONEY WILL GO TO TOWN
AND BE PAID TO SANiTARlUM
TRUSTEES As REQUIRED.

judge Waterman construes Portion o.
Austins Will which sequssths $780,
900 to Brattleboro-case Will es
Appealed by seIeetman Hooker.
Judge L. L. Waterman yesterday de-
creed that the $4,000 which the late
Col. william Austine bequeathed 10
the town of Brattleboro In trust to-
ward the establishment of hospital
for the temporary treatment OF stran-
gers and local invalids peculiarly sit
uated," shall be paid TO the town by
the executor of the estate and that
the town shall pay the sum to the trus-
tees named In the will when required
by them for the purpose named In the
will. This decree is the result of
hearing which took place before Judge
Waterman In the probate court last
Saturday on the question to whom the
legacy should be paid Clarke c. Fits.
representing the trustees. argued that
the money, while left in trust TO the
town, should be paid to the trustees
named in the will, 1t being the intent
of the testator to have them spend the
money as they saw fit In regard 10
the statute which says that money
held by a town in trust shall be un-
~
three trustees elected by the town.
Mr. Fits claimed that 1t applied only
when there were no stipulations as
/ to other trustees. Congressman Has
| kins. who appeared at the hearing In
behalf of James Il. Hooker, chairman
of the board of selectmen, contendeu
that the money rightfully belonged 10
the town and should therefore be In
charge of three trustees chosen ac-
cording to law. Congressman Has
kins further contended that Col. Aus
tines will did not expressly stipulate
that the trustees named should nave
charge of the money, but simply that
the hospital should be organized and
governed by them.
The dispute in regard to the pay
ment of the money has arisen from
the avowed determination of the trus-
tees TO build sanitarium for con-
sumptives with the fund. Mr.. Hooker
believes that such an institution would
be of no benefit to Brattleboro and that
the majority of voters are opposed TO
the plan He is therefore opposed to
having the money paid to the trustees.
claiming that the terms of the VIII
can be followed without building a
tuberculosis hospital. AS soon as the
| trustees assure me that they will give
IN the idea of a sanitarium for con-
sumptives i will withdraw my oppo-
sition." said Mr.. Hooker yesterday,
hut as long as they are determined to
carry out the idea l shall continue to
fight" Mr.. Hooker further stated that
he had ordered his attorney to take an
appeal from the decision of Judge
| Waterman.
The Text Of Judge Waterman's Decree.
In re
| Estate of
William Austine. J
| The fifth section of the will comes
under consideration, in the distribu-
tion of the estate, which reads as fol-
lows:
Fifth. | give and bequeath to the
town of Brattleboro. VT. the sum OF
$4,000 in trust toward the establish
ment of hospital in said town for
the temporary treatment of strangers
| and local invalids peculiarly situated.
The hospital will be organized and
governed by a board of five trustees
and the first selectman of the town, all
residents of the town. and three OF the
members to be reputable physicians.
The board will fix the conditions OF
admission and establish rules for the
government of the hospital. II being
understood for a time at least that an
/
nav such fees for treatment as the
| trustees may require The board will
be composed of DIR. Geo. f. Gale, pres
ident, DR.. A. /. Miller DR.. G. r. An
ferson, Charles A. Miles and George
c. Averill, president of the Vermont
National bank, and Is empowered 10
| fill its own vacancies as they occur.
| 1t is claimed by the town through
its counsel. that this section should be
construed to come under the provisions
of section 3034 of the Vermont stat
utes. which provides
"All real and personal estate. except
United States deposit money, held by
town in trust for any purpose. un-
less the person giving the same 9TH
erwise directs. shall be under the
charge and management Of three trus-
trees elected by the town. At the meet
| ing when these trustees are first
elected they shall be chosen for the
following terms: One for one year.
one for two years. and one for three
years. Their successors shall be
elected for the term of three years.
but a person chosen to fill vacancy
caused by death. resignation or other
wise, shall serve only for the remain
der of the unexpired term"
Section 3O35 of Vermont statutes
by the town. shall apply the income
of such estate for the purpose for
which II is held" and that they may
loan the money. sell real estate, and
give deeds No further authority is
given them by statute.
Section 3034 expressly limits its own
application 1t is to apply unless the
person giving the same otherwise di-
rects." In this case the legacy is given
toward the establishment of a hos
pital in said town." 1T is provided
that "the hospital will be organized
and governed by board of five trus-
tees and the first selectman of the
town. the five trustees being named
Wills are to be construed according
TO their intent and meaning. If this
clause had been so drawn as to show
an intent to have the town through It's
trustees take charge of the establish
ment of a hospital, or If 1t had been
silent as to trustees. 1t should be con-
strued to come under that statute.
But trustees are named in the Will
1t is true the expression is "will be
organized and governed" by this
board but / think the word organ
lied" is used by the testator in
broad sense. and that organization
was intended by him to comprehend
practically the same that he meant
by the word establishment" previous
ly used.
Towns are limited in their powers,
and should not have such response
bility cast upon them unless II Is
T1..axr