The Bridgeport evening farmer., 1909-05-14
Iestatrix Left Quarter of Mil lion to Citizens of Fairfield
 County, With Many Strings Attached. \
She Had Suffered by Brook 1yn Arrears Act and to Se- cure Its Repeal Had Be come Ruling Motive of Her Life.
Husband Forfeits Right to . Life Use by Accepting Leg acy Given to Him-Judge Nobbs Appoints John w. Banks Trustee.

None of the judges of the Supreme pr Superior courts will act as trustees of the fund that the late Cornelia H. B. Rogers endeavored to create when she made the famous will disposing of "a quarter of a million. The will must rKo to the courts for an interpretation. Some of the judges will undoubtedly have to decide questions arising from the peculiar will. This morning the probate court received papers among which were included the resignation of the judges.
 Mrs. Rogers estate of $217679 was left in the original will to Vassar and Yale colleges with the understanding that these universities enter into 1e- gal battle with the state of New York to prove the unconstitutionality of the Brooklyn Arrears Act, passed by the New York legislature several years ago with the result that the testator lost considerable money on tax cert1h- rates which she had purchased.
 In view of declination of the judges to serve, Judge Nobbs has appointed Attorney John w. Banks as trustee, in their stead. As Attorney Banks does not come into possession of the prop e-ty and probably never will, he has posted only a nominal bond of $100 The work which Mrs. Rogers had ] mapped out for the Superior Court judges Is set forth in the third sec lion of the second codicil. It says:
 For the corporations of Yale 'Un-
 iversity, New Haven. Conn.,. and
 Vassar College, Poughkeepsie, NY.
 mentioned in the seventh section
 of my will, hereby substitute The
 County of Fairfield in the State of Te- Connecticut, and give to the cit
 isens Of said county of Fairfield
 the residue and remainder, being
 two-thirds of my estate. to be re All ion md f1nf
 so created, shall be in memoriam of
 my daughters, Cornelia IT. B. Rog-
 ers second, and Sarah Bulkley
 Rogers, whose ancestors have been
 shining I also order that one
 fourth of the net income of this
 fund shall be paid, annually, to
 my daughter Mfriano during her
 natural life, and at her death, such
 fourth part of the net income of
 this fund, shall be paid annually,
 in eQuan shares. to the towns of
 Monroe and New Fairfield for town
 purposes forever. The incorne from
 tho remainder Of the fund shall be
 used for county purposes, and
 hereby nominate, constitute and
 appoint the judges of the Superior
 Court in and for Fairfield County
 and their successors forever to be
 the trustee of this fund and to hold
 it safely in perpetufty."
 Samuel T. Rogers, who came in for . small piece of the property under third codicil found after the main doc ument was filed for probate, has thereby waived his right under the will to have a life use of the property.
 The will was admitted to probate but afterwards an appeal was taken to the Superior court. The only sur viving heir of the testatrix besides her husband is the daughter, Mrs. Mir lam Perkins of New York, who fared very poorly in the will, but is given the Income from one-fourth of the estate In the second codicil.