The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-10-27
Petition for Instructions.

lows
To the Honorable Supreme Judicial
Court:
Your petitioners, Richards NJ Bradley
and John f. Moors, both of Boston, in the
county of Suffolk and Commonwealth of
Massachusetts, respectfully represent that
they are trustees. duly appointed under
the will of Thomas Thompson, late of said
Boston, that they bring this petition for
instructions under the provisions of a de-
cree of this court dated March 10, 1901.
IN the matter of William NinOt VS.. the
Attorney General, ct al.
That your petitioners have been ap-
pointed succeeding trustees under the said
will in place of the trustees therein
named.
That your petitioners have in accord
ance with the provisions or the will and
the DEGREES of this court heretofore en-
tered expended large sums of money in
relief in the Town oOf BrattlebOro. Yer
mont, and Rhinebeck, New York, during
the last IS years.
l. That they have in the administra-
ton of said trust under said will and the
DEGREES Of this court in cases where per
sons otherwise entitled TO aid had rela-
tIVeS living who were amply able to sup
port and maintain such persons deemed
it their duty to refrain from giving aid
but have referred such bencficiaries to
such relatives and have insisted that it
was the duty of the relatives to care for
such beneticiaries and that they were not
entitled to aid from the income of the
trust; that under the statutory lows of
the State Of Vermont it is made the legal
duty of a parent. if peCuniarily able 50 to
do. to support the child and the duty of
the child. if pecuniarily able 50 to do. to
support the parent.
>. That in the administration Of said
trust, said trustees have deemed it their
duty to refrain from assisting persons in
OF asati oil
and who had property, without first OBJ
tanning from such persons an undertaking
and promise which would hermit the
trustees in their DISCRETION to make claim
against the estate of such person for the
amount advanced from the income of the
fund.
3. That in the administration of said
trust, said trustees have deemed it their
duty to refrain from assisting persons
otherwise entitled therein. in temporary
need, and who had adequate earning ca /
pacity. without procuring from such per
son promise to repay to the trustees the
amount advanced for temporary aid and
assistance. Such repayment to be made
at such time as said person could conven-
iCntly make the same.
t. The trustees have in the admins
tTatiOn of said trust rcfrained from Civ 2
ing aid to persons otherwise entitled
thereto because such aid was of perma-
nent nature. They have considered that
under the will as defined by the DEGREES
Of this court that they were not obliged
to give such aid. That when persons in
temporary need became permanently dis
abed requiring permanent aid that said
trustees have in the exercise of their dis
erection, in certain cases, given perma-
nent aid under the clause of the will as
defined by the DEGREES of this court for
kindred d, charitable purposes. {
D. That at all times since the eStab-
= M huc
surplus which could be applied for such
kindred charitable purposes.
q. That IN the administration of the
trust as above set forth serious questions
have been raised as to the authority of
the trustees to administer the funds as
above set forth, and such questions have
not only resulted in seriously hampering
the administration of this fund but have
resulted in litigation in this court.
WHEREFORE the trustees ask that
this Honorable Court may instruct them
as follows -
l. Whether or not the trustees are
justified in refusing temporary aid to per
sons otherwise entitled thereto who have
relatives well able to assume the obliga-
ton and within what degree of relation
ship such able relatives must be in order
to relieve the trustees from the obligations
fixed by the will and the DEGREES of this
Court
,. Whether or not temporary aid
should be given by the trustees to persons
otherwise entitled thereto but who have
property sufficient to meet such temporary
need but which cannot Immediately be
utilized for the purpose, unless such aid
be conditional upon securing an under
taking and promise of repayment
3. Whether or not the trustees shall
give temporary aid without first requir-
ing an undertaking and promise to repay
he same by persons otherwise entitled
thereto who at the moment have not suf-
lclent funds to meet such aid, but who
have, sufficient earning capacity with
which to repay the trustees for such adj
Eances at some future time.
4. Whether or not the trustees have
The right to give permanent aid to disabled
persons otherwise entitled thereto under
The clause of the will and the DEGREES
aforesaid providing for temporary aid and
T not whether the trustees have the right
o give permanent aid to such persons I'M
Ter the clause of said will and the DEGREES
aforesaid allowing them in their discre-
ion to expend the same for kindred char
table purposes.
And for such other and further relief
n the premises as to the court may seem
meet.