Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1910-05-27

paid to the town and by the town to the
trustees, by whom it has ever since been
held and that the amount now in the
hands of the trustees is $50 900.
The petitioners stated in the bill that
they had examined into the practicabiity
of the establishment of a hospital in
Brattleboro for the purposes named in
the will, and found that there was held
by trustees of Thomas Thompson in Bos-
ton more than 100000, the income of
which was used for charitable purposes
in Brattleboro, largely in maintaining
general hospital for the care of sick and
injured which was fully ample to the
needs Of the community and for the tenn
porary treatment of strangers and local
invalids; that there was in Brattleboro a
well established and we'll managed Home
for the Aged and Disabled, particularly
administered for the care OF aged per-
sons; that there was in Brattleboro
strong and long established institution
known as the Brattleboro Retreat, for the
care and treatment of mental diseases
and disorders; and they represented that
with the existence of those institutions II
would be imprudent and wasteful to UNI
dertake the establishment and mainte-
nance OF any further hospital in Brattle-
boro, and that the specific purposes ex-
pressed in the fifth paragraph OF the Will
had become impractical.
In 1904 the legislature passed an act
incorporating the "Austine Sanitarium,"
and in 1908 the name of the corporation
was changed to "Austine Institution.
Upon becoming satisfied of the impracu-
cability of investing and administering
the fund for the specific purposes named
in the fifth paragraph the trustees inves-
tieated objects for a reasonable use or
the fund and became satisfied that there
was an extensive and urgent need for
CARRYING on in Brattleboro, and for the
benefit of the people of Bratteboro and OF
the state, and strangers an institution
for the treatment and education Of GER
tain classes, in particular persons unfor-
tunate and incapacitated by reason OF
defects of one or more of their senses,
either of speech or hearing or sight, or
mentally defective and that the establish
ment of such an institution would be
proper use of the fund, wherefore they
asked for a decree empowering them TO
use the fund and the income, as seemed
to them reasonable and prudent, for such
a purpose.
Decree Of the Chancellor.
This cause came on to be heard at
this term, and it appearing that John
G. Sargent, attorney general of the state
of Vermont the town of Bratueboro,
Vermont. and Howard NJ. Eusts, of
/ "A
service of the petition, and had each
admitted all and the singular allegations
thereof, and it appearing that all ana
singular the allegations of said petition
are true, it is thereupon ordered ad-
Judged and decreed as follows. namely;
That the trustees under the fifth para
| eraph of the will of said William Aus
| tine, TO wit. A. l. Miller, George X. An
derson, Charles A. Miles, George c. Averlll
| and Henry d. Holton, all of Brattleboro'
| aforesaid and John Calvin, FIRST select
man of said town of Brattleboro, and
| their successors be and hereby are auth
| orized to use the fund provided and es-
tahIished by the said fifth paragraph of
! the will of said William Austine, and
! the interest and income thereof or
so much thereof as they may from
! time to time deem reasonable pru-
! dent and proper, toward ana LOT lhe
establishment, maintenance and carry
ing on of an institution for the care
education and training of unfortunate OF
| defective persons, to wit, such persons
! as have suffered the loss or not possessed
of their full faculties and senses or near
ing. speech or eye sight or such persons
as are mentally defective, and includlng
in their discretion, the temporary treat
ment of strangers and local tnvallds pc
| culiarlv situated; for all or either oil
the said classes of persons as the trus
| tees. or their successors, may from tlm'
to time and at any time deem pruden
and proper in the premises.
And it is further ordered, adJudged an6
decreed that the said trustees and theil
successors, from time to time ana a
anv time, in their discretion, be anC
hereby are authorized to use the corpo
ration chartered and established by Mum
her 276 of the Acts of 1904 and amended
nv Number $40 of the Acts of 1908, al
an fundamentally for and for the pur
nose of carrying out the purposes an'
objects herein specified and provided.
And it is further ordered adjudge'
and decreed that the payment or an!
or all of the principal of said FUND, o
anv of the income thereof, from tim
TO time and at any time, by the SAT-
trustees or their successors, in their dis
erection to the said corporation for tn
nurpose aforesaid, shall be a complianc
with this decree and with the provision
of the said fifth paragraph of the sat
will.
And IL is further ordered, adjudged an
decreed that the said trustees or thel
successors be and hereby are empowere
10 establish and carry on an institution
for the purposes and objects specific
and provided in this decree and in tn
said nth paragraph of the said Will, a
and in the town of Brattleboro afore
said. ~.
1910. o,,--,,...
WILLARD w. MILES, Chancellor,
hereby certify that the foregoin
decree Is drawn in accordance win IN
rules of ChancerX and with the orde
81 ha