Milford chronicle., 1919-03-28
THE CHARITABLE TRUST UNDER
THE WILL OF BENJAMIN
POTTER, DECEASED
Continued from first page)

"RPcoA the ueclSlOn was afnfmed By
the Court Of Errors and Appeals il
1898 Judge WOoten having writer
the opinion. This decision is reported
in the Appendix to . Del. CHI, page 42l
In lS45 Chancellor Johns appointed
Peter F. Causey. Joseph p Comegys
and James s. Buekmaster commission
ers TO consider and report a scheme OF
improvement, but they made no report
until 1853, after the litigation had end
ed. Chancellor Johns in 1886 apDoint-
ed Charles T. Fleming trustee in place
OF those named in the will, who had
declined the duty. His first report in
1886, for about 8 months, showed re-
ceipts of about S73700, all of which
was consumed in taxes, repairs and
other expenses. Soon after the trust
was established the Chancellor order
ed survey Of the real estate, with a
view to locate the several tracts. and
settle the boundaries preparatory to
the adoption OF some system of i'm
prOVement. This survey was cOmplet-
ed in 1850 and showed an aggregate
of =? 80 acres in the numerous tracts.
In 1851 the Legislature passed an
Act 40 Del. Laws, 523) to have the
land sold. In the preamble it was
stated that the land was extremely
poor, covered largely with wood yield
ed a scant income and the buildings
so dilapidated as TO consume the rents
so that the object Of the trust would
best be effected by the sale of all the
land and an investment of the pro-
ceeds under the direction of the
Chancellor. Three persons, including
Charles 7. Fleming, were appointed
by the Act to make the sale; but he
refused to act and filed a bill in the
Court of Chancery to restrain the
others from proceeding under the Act
Chancellor Johns enjOined the sale on
the ground that the Legislature had
no power to authorize the sale, and
on appeal his decree was affirmed in
1858 by the Court of Errors and APP
peals. This latter decision is report
ed as Tharp v. Fleming, 1 Houst. Rep.
$50. Daniel NJ Bates, who argued to
uphold the Act, in his argument said
the lands were barren, Improbable
and produced no net income, but if sold /
would bring 100000 to $4,000. He
even characterized the property as a 1
public nuisance and "a continual /
source of petty plunder and spOilation /
by many who claimed to be poor white /
citizens of Kent County and to be TAX
ing only what was devised to them by !
the testator, and of perpetual veXatiOn
and annoyance to the trustee who has /
the care of it,"
After this legislative attempt to sell /
the property failed, Chancellor Har-
ringtOn, who as Chancellor took great
interst in the trust, ordered the sale of
timber and the use of the proceeds for
repairs and improvements.
The trustees named in the will, by /
deed dated September 21, 1858. con-
Veyed the trust lands to Charles T.
Fleming, who had been appointed
trustee by the Chancellor, (see Book
G, Vol. 4, p. 13) and in 1879 the heirs
II John Harrington, a deceased trustee,
were ordered to make a deed to John
W. Causey. the succeeding trustee. (Rec-
,rd p. 277).
In 1859 the commissioners reported that
he buildings on the farm were not suit
rble for good tenants. recommended the
sale of timber, and the use Of the pro-
,eeds for buildings and Improvements,
md also that improvement leases be used
20 encourage the development of prop
erty by tenants. A pessemistic view Of
he property was expressed by the COM
mission, who said in their report: mo
person can expect that the
present generation will derive much ben
.fit from the charity estate" Chancellor
Harrington in 1862 instituted the use OF
hese leases. under which tenants paid
axes, insurance and repairs in addition
10 money rents, and also put improve
nents on the farms rented by them i
Each Of these leases were approved by
Chancellor Harrington in his time after
examination Of the facts. showing that
le gave much attention 10 the details Of |
he management of the trust, and as to
lin Chancellor Bates said his sound,
PRACTICAL knowledge and judgment was
by few, if any.
The administration of the trust affairs
~ Fleming was attacked by a bill filed
n 1867 by the Attorney General a the
'eouest Of the Levy Court of Kent County
skiing for an accounting and his removal,
because of his mismanagement and waste
# the property and neglect Of his duties.
chancellor Bates dismissed the bill be-
.ause the charges were not sustained by :
proofs. See State v Fleming. Del. Ch.
So. In his opinion very little is stated
$ to his reason, but in an appendix to the
.boye report his voluminous notes con-
ain many details as to the history OF the
rust. the character and condition Of the =
arms. and the dealings OF the trustee re-
pecting them.
At the request of Chancellor Salisbury,
Tathaniel B. Smithers. Esq, Of Dover .
onsidered whether the Court Of Chan
ery had right to order a sale Of the
md. and in 1881 advised that the Court
Z Chancery had such right as a part of
> inherent jurisdiction. This opinion
found as an Appendix to s Del. Ch.,
age 554.
Having survived the stormy seas Of
tigat ton, the estate gradually improved
nder the careful management Of trustees
Dpolnted and supervised by the Chancel- .
RS Of the State. From about $500 per I
EAR in 1886 the gross income for 1917
onths to July IS, 1918, was S11, ,S49.9S. .
rom a valuation of $4,000 the land +
lows a valuation of 100000 based on
,erage net earnings for four years last II
,st Besides repairs, nearly $1,000 has
zen expended in new buildings in the Z
AZ four years. The fertility Of the land )
,s increased, and at the present prices
r crops the farms make a creditable s
,ovving as an investment. Much Of this
,nrovement is due to the wise and care OF
j, o,,arsight of J. Stanley Short who