Daily Kennebec journal., 1910-09-29

They shall hold, lease and manage
lsald real estate according to the best
of their discretion, during the lives
of my two sisters Julia and Joanna,
and each year after deducting the eX-
penses of said property and trust,
Shall pay over to my said sisters in
equal shares during their joint lives
| one-half of the net income of said
real estate and after the death of
either of them shall pay said halt
| to the survivor. The other half of
| the net income of said real estate
shall be safely and carefully invested
and the same and the interest and
| income thereof shall be held until
the death of both of my sisters Then
all said real estate except suitable
lot for building and purposes here
matter mentioned and situate in my
field back of Ridley Lot and entrance on
Maine street in Sprngvale, Maine,
shall be sold and the fund derived
from such sale or sales together with
the previous income from said real
estate and interest thereon. shall be
used to establish and maintain an
institute for the education of young
ladies to be known as the Mason
Institute, which shall be carried on to
promote the moral, Intellectual and
physical instruction and education of
young women. My said trustees for
the time being are to have full power
and authority to prescribe such fees,
terms and rules of admission to said
institute as they may think proper
1t being hnWpEC1' U-jSh and 1irantinr
that female teachers only be employed
in said institute. One-half of the
fund aforesaid may be used in erect
ing suitable building for said in
Slitute and laying out the grounds
therefor and the remaining half shall
be safely invested and the income
thereof only used toward the expenses
of said institute. l advise my trus-
tees to keep the funds invested in
Bonds of the United States or some
Northern State, and to make no other
investment without the consent of the
honorable judge of probate for the
time being. If either of the trustees
named shall decline to serve or when
ever either of the said trustees shall
move away from the State or shall
SSiSi VI tiS. l NiSil liS IloHOI dDlc
judge of the probate tc appoint some
suitable person to fill such vacancy"
The trust fund at the present time
amounts to about $4,000, $4,000 of
which consists of real estate and $20.-
900 of personal property. Both Sis
ters have deceased.
Held,
l. that the testator's intention
WIS clearly and uncquivocally eX-
pressed to establish Il school of a
different and higher type than d high
school, and one for the education of
young women alone.
= That the amount of the trust
fund is not so small as to enable the
court to say that the original pur-
pose has failed, and by invoking the
cy-ores doctrine to direct it's use for
some nearly allied purpose. 3. That
the questions propounded by the trus-
tees must be answered as follows:
1. Are the said trustees authorized,
after the sale of the real estate men
tioned in Paragraph II, as therein
directed to eXpend the money. or
part thereof, received tlerefrom, in
cTtcllfiS Il DullulnS WnlCn Slldu DE
known AS the Mason institute.
Answer, yes.
2. And if so authorized, whether
said trustees are authorized to eXpend
less than one!half of said money
in the erection OF said building or
institute.
Answer, yes.
3. Whether said institute when so
erected may he authorized to receive
pupils of both sexes.
Answer, no.
4. Whether the trustees may au-
thorze the said institute to charge
tuition to male pupils received into
the institute for instruction.
Answer, no
). Whether the said trustees are au-
thorized to contract with the town
of Sanford for the reception into said
institute of pupils of both sexes upon