New-York tribune., 1918-12-15

BY the decision of Henry W. Jessup,
referee in the contest over the will OF
the late Diamond jim" (James b.
Brady, filed yesterday, The Tribune
Fresh Air Fund was declared to be
entitled to legacy of $4,000, which
has been in dispute.
Aside from the fact that it awards
a considerable sum of money to the
cause of vacations for poor children
the decision was of great Importance to
The Tribune Fund in that it declares
it to be THE Fresh Air Fund of the
CITY of New York, and in that it, for
the first time in the State of New York,
places a legal Interpretation upon the
expression fresh air work"
The contest arose over the eleventh
clause of Mr.. Brady's will, which left
$4,000 to "The Fresh Air Fund of the
City of New York" There being no
organization in the city incorporated
under this exact title. the legacy was
claimed by three organizations engaged
in welfare work among the children
Guild Lies Fresh Air Fund and The
Tribune Fresh Air Fund
In an effort to substantiate its claim
to the legacy. St. Johns Guild proved
that Mr. Brady had, on at least three
occasions. contributed money to sup
port its work II also was able to show
that Mr.. Brady had expressed to one
of his executors an intention of leaving
money to it upon his death.
Takes Children to Harbor
The Guild claimed that the work
which it carries on during the summer
months of each year is "fresh air
work" in the broad meaning of the
phrase. since it daily, during it's active
season, removes q large number of
children from the bad air of the tene-
ment houses to the fresh air of New
York Harbor
1t was humorously claimed by one of
its witnesses that St. Johns Guild was
better entitled to the legacy than it's
opponents because it supplied it's pro-
teges with New York fresh air." while
they provided brand obtained in the
country districts outside the city.
Negatively, the Guild claimed that
neither The Tribune Fund nor "Life's"
fund was entitled to the legacy, since
used in the will, and neither of them
could show that it had at any time
been supported by Mr.. Brady.
The Tribune Fresh Air Fund at
tempted to prove, and, as the outcome
shows, did prove to the satisfaction of
the referee that by its history, its size,
the character of it's work and by gen
eral reputation it was entitled. to be
known as The Fresh Air Fund of the
City of New York.
Was Pioneer in Field
The evidence in it's behalf showed
that is was the pioneer organization,
at least in New York, in the field of
providing relief and recreation for
children through fortnight vacations
in the country (its activities dating
from 1881 and that it was the first or
ganization to whose work the term
Fresh Air Fund" was applied.
The fund also showed that, in the
number of children cared for each sum-
mer, it greatly overshadowed all other
organizations doing the same kind of
work. The average number of children
vided annually for the last ten years
was shown to be $500. These guests
of the fund have been scattered far
and wide over five states, some of them
enjoying the hospitality of farmers
and country folk, others being enter
tanned in the Fresh Air homes and
camps maintained by the fund. For
their vacations they were selected for
the fund by hospitals. clinics, social
settlements and churches in all sec
tions of the city.
A sharp distinction was drawn in the
evidence between the work of St
Johns Guild and that of The Tribune