New-York tribune., 1908-02-26
ANDREWS WILL UPHELD
Big Requests to Institute for Girls
Sustained.

Albany Feb 25-The Court of Appeals in
decision to- day upholds the legality of tie will
of Wallace C. Andrews, who was. with his WIFE
burned 10 death in their home in New for" Clty
April :. 1899. The decision effects the DISPOSE
ton of an estate valued at about sg.5O0.oO0. II
sustains the bequests made to the Andrews In
stitute for Girls, which out any benefit ae-
cruing to the Smithsonian Institution, whicn
was mentioned in the will The judgments OF
the lower courts are modified as 10 award the
next OF kin OF deceased the income accumuiatng
before the incorporation of the Andrews lnstl-
tute. With this exception the lower courts are
sustained The costs are assessed on all per
sons appearing before the highest court. the
same being payable out of the principal fund OF
the estate.
The will was executed in November 1891, and
under it's provisions certain trusts were Gre
ated- 1t was contended by the heirs that by
the death of Mrs Andrews all those trusts
failed and il was also alleged that the will
was invalid in that it bequeathed one-haf or
more of the estate to charitable and phtan-
thropic institutions
The case came up to the Court of Appeals on
an appeal by the Smithsonian Institution and
others who were TO have been benetciaTieS
under certain contingencies. The Judgment OF
the Appellate Division. first department sds-
tained the will. and under the terms Of the in
vised to the Andrews Institute for Girls. the
Smithsonian Institution coming in for bequest
In the event of the testators plans for the
Andrews Institute not being successfully car
ried out.
Wallace e Andrews who had been q Standard
oil man and his wife as well his sister-in-laV "
and her children burned by 4 fire that de-
stroyed the Andrews home at s7th street and F1l'h
avenue on April {, 1899 In Mr. Andrews Will ne
loft goo Of to different relatives and then provided
that the residue of his estate should 20 70 found
and maintain an Industrial school for girls on the
farm on which 2 and his wife had lived In the
early wears Of their married life at Wiloushoy.
Ohio suburb of Cleveland The will provided
that this institution should be devoted to educat-
ing worthy young girls in stenogTaphy. dressInak-
ing and similar pursuits that would render them
self supporting
The will contained a peculiar provision IN TINS
that IL provided that the corporation Wnicn was
to he formed should have trustees the Gov
ernor Of Ohio. the Congressman from the WIZ
Iou-hbv district the treasurer OF the county and
the Mayor Of the city OF WnlouEhby, as wei -
C;an1a1ie1 C ST John, Mr.. Andrews brother
tn-Iaw. The $4,000 specific gift to the relatives
was promptly paid. and then the ight began on
hebaIr OF the relatives 10 have declared void the
gift m the Andrews Institute for Girls This case
was first tried before referee. then IN the Surr'
gates Court, then before the supreme Cour'r anu
twice In the Appellate Division
Henry WeIlman who, with Virgil 2. Kline ar
s1ed the case for the Andrews Institute IN the
Court of Appeals, stated that the victory OF the
Andrews institute will result IN the founding OF
nrobeblv the largest Industrial school for girls IN
the world.