The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-05-12

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vate way, : as to the right of the
trustees so to administer the trust
funds in the way it is at present be-
ing done, and that 1'great doubt has
been created in the minds of the public
as to whether the trustees are conduct
ing their trust in legal manner.
The defendant admits the existence II
of the decree dated May 6, 1908, as set H
forth in the petitioners bill, but fur L
Their answering says that the discretion
vested in said trustee should be within |
the limits prescribed under the terms of /
the will and that said trustees should |
exercise their discretion and admins
ster said trust so as TO .cffectually carry /
.out the intention Of the testator
1t denies that the trustees have ex- |
#ercised such discretion in such manner |
Eas7 the testator intended as evidenced |
IN the provisions of the will, but says |
that the intention of the testator is |
clearly shown to provide for temporary
need of all classes of persons specifcal |
ly mentioned without regard to the |
cause of their need, whether from casu
atty, imprudenee or improyidence, and |
therefore that the intention of the tes
tator as clearly expressed in the said
will was that the classes of persons
named should receive aid so long as
there was sufficient income to meet
those needs without calling on other
agencies or persons, and the defendant
| says that the trustees have refused to
| meet such needs until other agencies
and persons have met portion thereof,
| thus defeating the clear intention of
the testator
| In answer to the allegations of the
/ ~ 4,
erection in limiting in accordance with
the decree of this court, the amount
used for the direct aid of seamstresses
needlewomen and shop-girls in the
towns named, they likewise used their
| discretion in limiting the amount ex
pended by them for kindred charitable
uses in those towns, and they have also
used portion of the income of the
| trust fund for kindred uses elsewhere,
| the defendant says that this court
| should be informed by the petitioners
| of the exact, amount used by them for
the direct aid of seamstresses, needle
women and shop girls in each of the
towns named, of the exact amount
used by them for kindred charitable
uses in each of those towns, and the OK
act amount used by them for kindred
uses elsewhere
The defendant is informed and be-
lieves that the amount expended by the
petitioners for direct aid of seam
stresses, needle-women and shop-girls
has been inadequate, and insufficient to
afford the relief intended by the tesla
tor and by DEGREES of this court hereto
fore entered; that the granting of re-
lief to the classes named has been. and
IS. surrounded by such arbitrary rules
and restrictions that the objects of the
trust as applied to the direct benetici-
aries has been. in a measure, and Is
continuing to be- defeated; that many
,eamstresses. needIe-women and shop
girls who are entitled to direct aid have
been refused because of the arbitrary
| discretion exercised by one of your
petitioners, Richards NJ Bradley, or his
lgents.
The defendant is further Informed
and believes that the discretion of the
/ petitioners in limiting the amount ex-
{ pended by them for kindred charitable
uses in the town of Brattleboro has
been narrow and arbitrary aud not IN
accordance with the wishes and pur
DOSES of the creator of the trust or the
c lecrees of this court.
Il Py decree of this court, dated March
| l9,l901, quoted in the petition, provi
sion is made for the Correction, equip
ment and carrying on of n hospital il
! either or both of said towns in which
)er ons Of the classes above named shall
: have the first privilege Of admission ant
free treatment, and if after sneh per
sons have been accommodated therein
here shall remain room for Others, suel
,ther worthy persons may be received a
may be convenient, preference being
j. given first to persons from said towns
respectively. and afterwards to persons
from towns in the vicinity.
/ Such a hospital has been erected il
i the town of Brattleboro and is know
!. as the Brattleboro Memorial hospital
II The defendant is informed and believe
that said hospital is very much in nee'
7 Of additional equipment to make 1t
. usefulness in the community adequat
II to the demands that are made upon il
a and the defendant is further INFORMED
IL md believes the successful earryin
n IN of said hospital requires a large
! contribution from the fund of whic
,f your petitioners are the trustees tina
II at present it is receiving. and the dc
- PENDANT further believes, and therefor
AYERS that before the petitioners are jus
;ul tined IN spending the income or TN
:; fund in places elsewhere > than in til
II towns of Brattlehoro and Rhinebecl
- this need of the Brattleboro Memoirs
hospital should be fully met and tha
for the petitioners to expend any col
siderable portion of the fund ''els,
where until the local needs are full
met, is not in accordance with th
wishes of the testator as expressed
the terms of the will and the DEGREES {
his court, and is an abuse of discretion
The defendant is further informe
and believes that the amount expende
by the petitioners "elsewhere =, *
what they call kindred uses, Ii;
been expended for uses not akin to pu
poses for which the trust was create
but to exploit certain theories of yol
petitioner. Richards NJ. Bradley, like
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