The news-democrat. (Providence, R.I.) 1906-1909, 1907-05-27
COURT ASKED
To C0NSTRUE
CLAUSE IN WILL

Long arguments were made in the su-
prerne court to-day on the bill brought by
Leonard X. Storrs OF Brookline. Mass, ,
trustee under the will OF George Burgess.
late OF Gardner. Me. for constr'Sctton
of an important clause in Mr. Burgess
win. There are a large number OF parties
interested IN the settlement OF this case.
some residing in Massachusetts, Mary
land New York, Lahore, PunJab lndia,
as well as IN the state of Maine ana other
places
Mr.. Burgess personal estate is largely
IN Maine but his heirs own real property
sn this state. consisting Of two parcels.
one bounding on Westminster, EDDY ana
Middle streets and the other on the corner
OF Orange and Weybosset streets.
This real estate and the rents OF the
same since July 7, 1904. are the sup1ect
OF dispute The testator died April ~,
1866 and his will was made about 1860.
This is the clause the court Is called
upon 10 construe: Should my dear wife
survive our daughter. she dying without
issue. the whole income 10 be paid 10 my
dear wife during her lifetime. and at her
death the estate Is 10 BE- divided into two
equal parts. one OF which shall be trans
ferred 10 such charitable or religious pur-
poses as she may direct. or, II she make
no direction then 10 the trustees afore-
said for the support OF the Episcopate OF
the diocese OF Maine TO constitute a fund
for the assistance of missionaries and
other clergymen OF said diocese. and 10
be applied under the direction OF the
bishop and standing committee, especially
for the relief of sick. infirm or aged cler-
gyrflen IN the said state. without regard
20 any division Of the diocese; and the
other half 20 be divided equally against
the grandchildren OF my deceased father;
SHOULD my dear wife survive our
daughter, she leaving issue. then at the
death OF my wife. the remaining half or
the estate 10 pass To such Issue and the
trust TO cease"
This daughter Mary Georgianna Burgess
died under the age OF % intestate ana
without issue on May /, 1873. and her
mother Sophia Kip Burgess survived her
81 years. The income OF all the personal
estate and all the rents OF the real estate
were paid TO Mrs Burgess until her death
Certain parties in interest claim that
the estate vested I'm the grandchildren at
the death OF the testator or at least at the
death OF the testators daughter. Mary
Georgianna Burgess. The opposing claim
fs that OF the grandchildren living at the
death OF the wife OF the testator. on July
z. 1904. who claim that the estate did not
vest until that time and that consequently
the representatives OF grandchildren
heretofore declared take nothing. None
OF the parties interested I'm the estate
question that one half the residuary es-
tate goes 20 the erustees OF diocesan funds
In the diocese OF Maine.
At the death OF the testator there were
Is living grandchildren OF the testator's
deceased father, at the death OF Mary
Georgianna Burgess May !, 1873 two
grandchildren had died and another had
been born. At the death OF Mrs. Bureess
six more OF the grandchildren had died
leaving them eight in number.
In his wife the testator declared that the
bequest TO the Maine episcopate said the
amount thus given represented about all
OF his estate that did rot come 10 him
from his father The Maine supreme court
about year ago decided that the per-
sonal estate was TO he divided among the
grandchildren living at Mr.. Burgess death
but n was admitted today that es the
present dispute was over real estate the
Maine decision might not be controlling.
Counsel in the case are Dexter Il. Potter
and Aaron NJ Latham for executor; IL.
Charles Royce for the living grandchildren
of the deceased father of the testator
and Green. Hinckley & Allen for other
parties in interest.