The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1910-05-27
History Of tho Case.

4ssHy W tho OsSus
II. NJ. Eustis Of Mobile, Ala. on Sept
|. ., 1905. as executor Of the will Of Col
. ''e ss. brought s hi. Esten . e the J Dsi
that he had in his hands the $4,000
. named in the win and that be was In
doubt as 10 whom the bequest should be
/. paid, whether 10 the board Of trustees
named in Col. Austine's will, TO the treas.
|. urer OF the town Of Brattleboro, TO some
other officer or officers OF the town Of
liraitleboro or 10 some representatives or
trustees Of the town Of Battleboro select.
ed for the purpose Of receiving the
bequest. Upon this petition the probate
court ordered that the bcquest be paid
TO the town Of Brattleboro in trust TO
be paid over 10 the trustees named in the
will when required by such trustees for
the purposes stated in the will. On Nov.
n. 1905 the town OF Brattleboro appealed
from the degree of the probate court and
the county court on April 20. 1906, order
| ed that the executor 10 pay the bequest
10 the trustees instead OF the town. This
was done and the trustees took no further
action until May IL, OF this year when
petitioned the court Of chancery for a
decree Of authorization 10 permit the use
Of the fund and the income thereof for
the purpose Of establishing, maintaining
and carrying on such an institution a.
would be consistent with the general pur-
poses Of the testator. The petitioners
were represented in court by Clarke G.
Fits, and Arthur y. Carpenter, town
agent appearing for the town. The pcti.
TONERS represented that they had
thoroughly and carefully considered and
examined into the necessities and practic
ability of establishing hospital in
Brattleboro and that they had found the
n f.,tt. f.. a.,
of the community and for the temporary
treatment of strangers and local invalids
Reference is made in the petition TO the
Home OF the Aged and Disabled and 10
the Brattleboro Retreat. With such in
stltutions the petitioners expressed the !
opinion that il would be imprudent and /
wasteful to undertake the establishment |
of another hospital in Brattleboro. Such |
opinion as held by the trustees led them |
to believe that the reasonable and bene. |
fetal use of the trust in their hands would |
be impractical il an attempt was made TO i
carry out the specific purposes expressed
in Col. Austine's will. Accordingly a
decree was asked of the chancery court
that the fund might he used for some
charitable purpose similar to that speci-
fled by the testator. The bequest of Col.
Austine read as follows: II give and 1
bequeath to the town of Brattleboro. VT, |,
the sum of $4,000 in trust toward the
establishment of hospital in said town
for the temporary treatment of strangers
and local invalids peculiarly situated"
Following the announcement of the
trustees, shortly after the death of Col.
Austine. Sept. /, 1904, that tuberculosis
hospital might be established with the
Anstine fund. considerable opposition
was made by the townspeople to the [
proposition. Believing that such an in
stitution would be detrimental to the
best interests of Brattleboro James +. y.
Hooker, chairman of the board of select
men. took the matter to the courts. In
March, 1906 an understanding was reached {
between Mr.. Hooker, acting for the &
selectmen, and the trustees OF the fund. I
Mr. Hooker was assured that the trustees i
would not consider further the advis- I
ability of establishing tuberculosis hos
pital with submitting the proposition to
the voters of the town. Since that time =
the fund has been in the hands of the .
trustees and the accumulated interest
amounts TO 5000.