The public ledger. [volume] (Maysville, Ky.) 1913-1968, 1921-04-11
APPENDIX.
City Of Dayton VS.. Trustees OF Speers
Hospital, 1856 Ky, IS.

Hospital, 1855 Ky, IS.
decided May 26, 1879
Appeal from Campbell Circuit Court
Opinion of the Court by Judge Hurt
Affirming.
This is an appeal of the city of Day
ton, Kentucky, from a Judgment rem
dered by the Campbell Circuit Court,
in an action by the city against j. o.
Jenkins, John l.. Pythian, and W. Il.
Senour, trustees of the Speers Hos
pital, in which the city sought to pro-
cure decree of sale of the hospital,
in satisfaction of taxes assessed against
it by the officials of the city, for the
years 1910 and 1911. The defense Of
fered by the appellees was that the
hospital was an institution of purely
public charity, and the case resulted
in a judgment Diminishing the petition
Of the appellant. The case was tried
upon an agreed statement of facts,
which are, in substance, that the taxes
for the benefit of the city were regu-
larly levied upon the hospital for the
years mentioned, in the first of which
years the taxable value, at which it
was assessed, was $2S000.00, and the
second year $3S,O0.00 and the whole
amount sought to be recovered was
81, 10O.5O, as taxes due from it to the
city for the years mentioned The hos
pital was founded by funds set apart
for that purpose by the will of Eliza
beth l.. Speers, who died in 1894, and
whose will was duly probated Octo-
Der Goth, 1894 The item of the will
which set apart the funds for the erec-
ton and maintenance of the hospital,
after providing that the various spe-
cific legacies devised in the will to
various persons, should be paid, and
all costs and expenses incident to the
settlement of the estate, real, personal
and mixed of every kind, wherever
situated, to Dr. B. X. Ratchford, DR.. c.
B. Schoolfield, and William c. Picker
ing, as trustees, in trust, for the estab-
lishment and maintenance of hos
ptal in the city of Dayton, Campbell
County, Kentucky. Said hospital to be
erected and maintained and conduct
ed in such manner, and upon such
plan, as, in their judgment, would do
the greatest good. Said trustees shall
annually report all of their acts and
doing to the highest court in said
county, having original equitable
jurisdiction, and all vacancies in said
trustees shall be filled by said court.
Said court shall require, from said
trustees proper bonds, for the per-
Torrance of their duties, and it may
allow them annually, out of the trust
funds, a Just and fair compensation
for their labor, etc." In pursuance to
the trust thus created, the trustees
and their successors crested the hos
pital at cost of $72,00O.O0, which left
real estate of the value of $14,2000O
situated in Ohio, which also passed
into the hands of the trustees. The
receipts of the hospital, with rents Of
the property, in Cincinnati, were not
sufficient to pay its operating ex-
penses, and its doors we're closed, but
in 1901 the present trustees were ap-
pointed, and they applied to the Camp
bell Circuit Court for permission to
borrow 100000 to pay its debts, and
S2,000.00 additional with which to
make needed repairs. The trustees
borrowed from J. j. Ellerhorst and
thereafter they borrowed from Eller-
horst s2,25O.00 additional, making
SIC, $4,000, to secure which they gave
mortgage for that sum upon the real
estate situated in Cincinnati, Ohio, and
while the income from that property
did not quite pay the interest on the
Ellerhorst mortgage, he accepted
same in full satisfaction Of it. In 1909
it became necessary to provide more
commodious and convenient building
for the nurses at the hospital, and the
trustees, again applied to the Camp
bell Circuit Court and received per-
mission to borrow s2O,0O0.0O for that
purpose, and to secure it by a mort
gage upon the hospital itself. s16,-
453.36 of this fund was expended in
erecting the necessary additional
building, and the remaining s3,546.64
was put in the treasury Of the hos
pital, and used to pay accumulated
debts and the operating expenses OF
the Institution. There was another |
debt Of 100000 due one Langendorf- |
er, incurred in building the nurses I