The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917, 1912-03-09
Continued from Page One)


will of Catherine E. Pettengill of
Bridgeport, deceased, brought to and
reserved by the Superior Court in
Fairfield County, Curtis, Judge. upon
finding Of facts for the advice of
this court.
died in 1889, by her will gave to the
Board of Directors, and their success
sors in office forever. of the Bridge
port Public Library and Reading Room
a tract of land situated on the corner
ofMain and John streets in the City of
Bridgeport, and having block of
buildings thereon, g to have and to
hold the said premises" the language
of the will being now recited, with
the appurtenances thereof unto the
said Board of Directors and their sue
cessors forever, as special trustees, for
port Public Library and Reading Room
and according to the terms following,
to witt
"1 I direct that no bond shall be
required Of such special trustees by
the Probate Court
'.2. I direct that the said land and
the buildings now or hereafter stand
ing thereon shall be forever known
and called by the name of The Bur-
roughs Public Library Building
"3. I direct and require that they
shall forever maintain and keep said
pullutilSS anu premises III SOOO GOA-
dition. That the exterior of said
buildings shall not be mutilated In
any part by bolts, or bars. or other
wise, for any purpose, nor shall any
signs. handbills or anything Of that
description, be allowed thereon.
"a. desire that the first story and
basement be rented, and such other
parts of the building as may not be
needed for the use of Library and
Reading Rooms; but I leave this mat
ter entirely to the wise and sound
discretion and judgment Of said Board
of Directors: and if an income be de-
rived from the rent Of said building.
then.
$50. direct said Board of Directors
to apply said income; first, to the pay
ment of all bills for making repairs
and improvements of said buildings
and premises, and of all legal charges,
assessments and the like, if any, on
the same; and second, to expend the
remainder for the use and benefit of
the sad Library and Reading rooms.
in such way as shall seem to them
best to advance the general purposes
of the institution.
So My object is to benefit as much
as possible the Inhabitants of my ma
tive place and of this vicinity. and
also to perpetuate the name of my
family; and I hope that the trustees
will honestly and faithfully discharge
the trusts 1 have committed to them,
and that this gift will be Of great and
permanent benefit to this commun
fty.''
The will contained a residuary
clause, the effect of which is that the
defendant, The Burroughs Home, an
incorporated institution, is the bene-
hciary of any residue.
In 1907 the General Assembly adopt
ed a resolution. being No. 3s8. and
found at page 1856 of the Special Laws
Of that year, which, among other
things, purports to empower the direc-
tors of the Library and Reading Room
to sell the premises SO given by Mrs
in a new site and building to be pur-
chased, erected and used for the uses
of the institution. The resolution also
purports to authorize the Burroughs
Home to release and convey to the
directors Of the Library and Reading
have in the Main Street property by
force of Mrs. Pettengilps will. 1t fur
ther authorized these directors to
make application to the Superior
Court, setting forth the terms of the
will, their desire to erect more COM
modious building in a more suitable
loca ton, to bear the name and inscrip-
ton the will prescribed for the pres
ent building, and the action, if any.
taken by the Burroughs Home in maxi
ing release or conveyance, and pray
ing for an adjudication upon the facts
alleged and proven, "to determine a.
whether said board of directors have
complete title as trustee aforesaid to
the property devised to them under
said eight article or clause, so that
without risk of forfeiture or jeopar-
diZing their trust estate they can so
sell said property so devised and apply
the proceeds as aforesaid: provided.
hot hill ko Ho fnd
shall bear the name and be inscribed
as aforesaid. (2) If they have no such
right without a release or conveyance
from said The Burroughs Home, wheth-
er said The Burroughs Home can re-
lease and convey to said board of di-
rectors, as trustees aforesaid, all the
right, title and interest that said The
Burroughs Home has or may have to
said property devised, so that said
board of directors can sell said prop
erty so devised, and can transfer to
the purchaser thereof, an absolute title
thereto. 81 Whether, In order to have
such effect, the consideration for such
release and conveyance must be equal
to the full market value of the prOrer-
ty, or whether such consideration nj
be the fair value of the interest of the
said The Burroughs Home therein. in
view Of the remote probability that
said board of directors will do any
thing with said property to jeopardize
their trust estate, or whether such
consideration may be nominal sum-"
The course of procedure upon this
application was prescribed, and the
court directed to take jurisdiction Of it,
and determine all the questions Of law
or equity presented.
This action was brought under the
authority thus given, and advice is
asked in answer to the three ques-
lions embodied in the resolution.
The Burroughs Home was made a
party defendant, and appeared. 1t
filed no pleadings, and is not opposed
to the sale of the premises. The,
heirs of Mrs. Pettengill are unknown
They were made defendants by general
description, and they have by publ
cation received as full and adequate
notice of the tendency of the action
as could be given them. None appear
ed.
By reason of the changed conditions,
due to the growth of the city and
other causes, the land and buildings
in question have become unsuitable for
the purposes of a public library and
reading room, and the board Of direc-
tors desires to sell them, and to use
the avails in purchasing a more suit
able site, and in erecting thereon a
more commodious library and reading
room buildings to bear the same name
and inscription as the present one.
The proceeds of a sale would be suf-
ficient to make such purchase, and to
erect such building
THOMAS NJ CULLTNAN and
JOHN S. PULLMAN,