Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1915-08-25

Judge Nielsen ], Ayling In the pro-
bate court On Tuesday had before him
TOR decision two petitions relating to
John Eeeles' will, one petition Maa
by the Rhode Island Hospital Trust
Company OF Providence n. IL, the eth-
Ter petition by the United workers OF
Norwich, IN the will a legacy OF $S0,-
900 h given TO the Rock Nook Home
Tor Children ana two thirds OF the re-
sSnainaer OF the estate amounting to
lAbo0e 100000 10 also given 60 said
home The Rhode Island Hospital
the win and the United Workers are
llegatees for a large amount In the will
THE Rhode Island Hospital Trust Com
Ipany In their petition ask the probate
court to appoint a trustee under the
statute for The Rock Nook Home leg
acies to which trustee SO appointed the
Trust Company ask authority to pay
the legaeies given to the Rock Nook
Home.
To Appoint Trustee.
In the petition OF the United Work.
iers they ask that they may be APP
POINTED the trustee to take. hold and
administer the funds given to the
Rock Nook Home. Both petitions
lclaim that the Rock Nook Home for
lChildren, not being a corporation as
described in Mr.. Eccles' will, cannot
take directly the said legacfes given to
THAT home, and that they are in doubt
as to whom those legacies should be
Ipaid, but believe that there is need
Iof the appointment of a trustee to take
Isuch legacies to carry out the intentS
and purpose of John Eccles' WILL The
tclaim OF both petitioners is that John
fEccles in giving the legacies to the
sRock Nook Home, created trust, but
failed to appoint in his win trustee
ito take the same and that on ac-
count OF that omission the court OF
probate has the right and duty to ap-
land Hospital Trust Company, exc
cutors, may pay the legacies Of over
100000 for the benefit Of the Rock
Nook Home
Opposed Both Petitions.
In opposition to both petitions Will
lam B. Eccles of Preston. Lancashire,
England, the only brother of John
Eccles and his sole heir at law. ap-.
peared by his counsel and objected and
raised the objection that the Rock
Nook Home for Children was not en-
titled to receive in any form the leg
acies in question. The claim OF Will
lam B. EcclA5 is that he is the only
heir Of John Eccles and Is entitled to
receive as his own estate said legacies
claimed for the said Rock Nook Home
which hs alleges are invalid.
In making his will John Eccles sup
posed that the Rock Nook Home for
Children was corporation and gave
the legacies to the home with that
understanding.
1t turns out that the Rock Nook
Home for children is not and never
was corporation but is an institution
swned and controlled by the United
Workers, who are themselves a dis
hnct corporation, and have given to
hem separate legacies by John Eccles'
will as their own about the payment
IT which there is no contention
Question of Legal Construction.
The whole controversy rests upon
The legal construction that shall be
owen by the court in the circum-
tances. to the will of John Eccles per-
aiming to the Rock Nook Home.
William B. Eccles the brother claims
nat the legaeies to the Rock Nook
Home fore children, are absolute ones
nth restricted provisions as to their
lse; that the provisions Of the will