Norwich bulletin., 1915-12-15
EccLES ATTORNEYS FILE
REASONS OF APPEAL.
Why They Claim There Is No Valid
Request to Rock Nook Home.

In the appeal taken to the supreme
court over the hcquest in the will of
John Eccles through which, carried
out, the Rock Nook Home for children
would be a beneficiary to the extent
of about 100000, the attorneys for the
appellant, who is William B. Ecc1es
of Preston. England a brother of the
testator, filed on Tuesday with the
clerk of the superior court their
formal reasons for appeal They are.
drawn up and signed by Gross. HYDE
and Shipman of Hartford. William H
Shields and William H. Shields, Jr..
of this city. and Hull, MCGUIRE and
Hull of New London.
The reasons of appeal are given as
follows:
1 The court of probate for the dis
trict Of Norwich has no jurisdiction of
the subject or the matter involved or
prayed for in the petition of the Rhode
Island Hospital Trust company execu-
tor of the last will and testament of
John Eccles, dated the 18th day of
July, 1915. and in petition of the
United Workers of Norwich dated the
18th day of July, 1915. and was with
out jurisdiction or authority to adju-
dictate and grant relief as requested
and prayed for in said petitions
2 The petition of the executor,
The Rhode Island Hospital Trust
Company. is one alleging defect. mis-
take, uncertainty and doubt as to the
meaning and effect of the will of John
Eccles regarding the two pretended
legacies inquestion to the Rock Nook
Home for Children and is obviously a
petition in substance, terms and effect
asking the probate court to construe
the will of John EccleS as creating n
trust where no trust was intended,
made or existed under said will and
hence said petition was not within the
jurisdiction of the court of probate for
those reasons and because the court of
probate has not the power and juris-
diction invoked by said executor to
construe the will in question.
3 The alleged facts stated in said
petition of the executor of this will and
the alleged facts stated in the said pe-
witch for the reasons stated in para
graph could only be determined by
a court of equity in an action brought
by the executor for the construction of
said will, and it was the duty of the
executor to bring such an action in
equity rather than address his petition
to the court of probate.
a By paragraph E Of the clause of
the said will of John Eccles the tes-
tator did not intend to create any
trust, and no trust was created by said
paragraph.
BY paragraph P of said 18th
clause of said will of John Eccles the
testator by a gift Of two thirds of the
remainder of the estate to said Rock
Nook Home for Children dis
charged of said trust, the testator did
not intend TO create any trust, and no
trust was created by said paragraph
A gift to a corporation providing
that the principal thereof shall be in
vested by said corporation and the in
come thereof used for it's general uses
and purposes does not create any trust.
No charitable use, trust or pur-
post is disclosed in the words of gift
contained in said paragraph E of this
18th clause of said will.
s No charitable use, trust or pur-
pose is disclosed in the words of gift
contained in said paragraph P of the
18th clause of said will.
There is no corporation now and
never has been any known as the Rock
Nook Home for Children.
10 There is not and never has been
any voluntary association known as
the Rock Nook Home for Children OF
which is or was described by said
name or which answers to said name
or description.
II The home for children referred
TO in the petition of the executor and
alleged therein to be the intended
beneficiary of the pretended and in
valid gifts in paragraphs E and Of
the 18th clause Of said will is a
building, formerly a dwelling house
of Moses Pierce, located in the Town
of Norwich outside the city limits, is
known as the Rock Nook Home and as
the Rock Nook Children's Home and
has on it sign in large letters which
reads Rock Nook Children's Home
United Workers and was at the date
of the will and at the date of the death
of the testator and still is owned
maintained. supported and operated as
home for children by the United
Workers Of Norwich, corporation To-
Gated in Norwich, to which corpora
ton this testator gave by paragraph F
of said 18th clause the sum of s25 900
upon certain terms and conditions as
therein stated, and also by paragraph
P of the same clause one-third of the
residue without any restrictions what
ever.
IL By the pretended and invalid
gifts to 1.-The Rock Nook Home for
Children. a CORPORATION located in the