The Mena weekly star., 1907-01-31

WhfiN Ai~ naid WOotA0b N"@ SP~t atiug said academy under the terms of the said two year con- tract, the defendant Hendrix college. on the 4th day of April, 1906, made, executed and de- livered to the defendant Wootton lease of all of said property for and during period of ninety-nine years, containing renewal clause for further term Of ninety nine years, and providing that the said Wootton shall at once enter into the possession and control of said academy property, and specifically making said lease transferable and coveuanting that said Wootton, his heirs and assigns shall peaceably have, hold and enjoy said premises for and during the term of said lease.
 The court finds that the only conditions imposed by the defeud- ant Hendrix college, upon said Wootton in said lease, is that the said Wootton shall continue to conduct on said property school of high grade of the rank of an academy, such as is now being conducted on said property by him, and taat the said Wootion shall, during the life of said lease, give to certain of the students of Hendrix college free scholarships in bookkeeping.
 The court finds that there is no provision or stipulation in said lease for proper care aud re- pair of said property on the part of Hendrix college or the said Woottou, nor does said lease pro- vide for its abrog gation upon the failure of said Wootton to take proper care and management Of said property.
 The court further finds that tue defendant Hendrix college by the said lease to defendant Wootton failed to reserve any right of management, control or direction of said property or school, but on the contrary ex- pressly granted to said Wootton and his assigns the possession and control of said property and school for and during the life of sad lease.
 The Court further finds that on April 7th, 1906, the defendan J. E. Wootton and his wife, Lizzie A. Wootton, for and in consideration of the lease of said academy property, executed aud delivered to the defendant Hen drix college, their deed of abso' lute title to lots F and Is in block 50 in the city of Mena, Polk county Ark, togs ther with the furniture, fixtures and appur- tenauces thereto belonging, com monly known as the Commercial hotel.
 The Court further tidds that the plaintiff Townsite Co.,, by its deed of October 25, 1900, parted with all it's rights, title and interests in the property therein mentioned, and tha, there is no expressed condition contained in said deed that any of said property should at any time revert to il or its assigns for any abuse or mismanagement of the trust, or for any other reason, and that 1t has no reversiouary interests in said property, but the Court finds that the plaintiff Townsite Co.,, as grantor in the deed creating the trust, such an interest in it's proper appropri- ation to the charitable purpose of the grant, that it may apply to equity to set aside a transfer of said property which is improvid- ent or prejudicial to the charity, or places the property in the possession and control of one who was not contemplated by the creator of the trust.
 i The court further finds that by the terms and conditions contained in the deed of the plaintiff Townsite Com pany, of date of October 25, 1900, the express purpose and intention of the said Townsite Company, is clear ! ly manifest therein; that said prop J l | T |. \ f II