Norwich bulletin., 1921-12-15
Famous Trials
STEPHEN GERARD WILL CASE

SI6I HEN GllsARD W4EE G-aSE
 When Stephen G4rard, the Philadelphia philanthropist ard founder 6f Girartl College, died In 1g31 and his will was read, 1t was found that he, had hepueatesi- ed between three and feuf ttiiafsd tfed- sand dollars te various persons aftd bs- nevoieat institutions iii Peillaa sis3sssaa, while more than 2,ee1,6ee was set as.6e for the founding of a college fer srplfa.s boys, to be located dn his native sity $5qe,0oo for the pacing ef the Street fronting the Delaware river and ss95,g0g for the improvement ef PeHasy1pafia's canal Eayigat4eri.
 The personal iegaeies were paid vitli= in year. hut the heirs were het satisfied and they instituted ari>- ejest8;eH In the supreme court Of Pennsylvania IIi the December court Of -1s3a te s4eeevef' ee4'- taan real estate acquired by the testatea after the last renublieatien ef hls will and {; to which they claimed title under he In : testate law, On the ground that the same | had not passed by his will, and n Nlls suit they reeevsfed judgment ia March, 1893.
 The etty of Philadelphia a&tefwaRd if4= statuted an ejeetaeH te feeeve4 the Same real estate on fhe gfeafd ef the testat9t' 5 l intention te pass the same te the elt5, 1 enr that the heirs fy accepting theE les. aeies, had elected to abide by the will i and not claim the real estate ashahsE the w!ti; but the court entertained the e1,ih= |! ion that 1t was not q case In which tAe heirs had elected ef were bound to elect | to take altogether under the will pr the 1 eertrary, and sds.srins te taisif f9Fsaes
 epta4on, that the sftea=ouFeAased lands
 dld not psss by tho Xtli,. gave 5uegsIaeI,t against the city on fheSaeth sf April, iese | fIZ.a l,- fxf tHa Esi I the trusts for the ertphan eellsEe-een' prehending, as 1t alleged tiAs whole Fesi. due of the testater's estate, real ant personal. after deduotirg ssoo,o0o givef to the commonwealth end s5oo,ooo fel l the irnproveInent of the Delaware, were Il absolutely vetd: i. Because, as to th' real estate the city had no capacity tl
 take 1t by devisa. 2. That they had stos
 capacity generally they could not take 1 ! in trust for other persons. 5. That the' could not take either real Or personal up
 on the trusts which were declared for poo orphan children. because the objects
 the charity we're altogether den1lte' vagu
 and uncertain, and, therefcre, the trust were incapable of execution, or of beinl !, cognizable at law or in equity, or of vest ling at law or in equity, in any existing c , possible trusts.
 The prayer of the bdM was that the cit, , might set ai2art and surrender to the com ) claimants their dtre proportions Of tho req estate, etc. The city of Philadelpeia b It's answer, denied all the equity of tn | bill and asserted the validity of the devss
 es and of ali the trusts; and particular , objected to the jurisdiction of the Circlli - court, on the ground that before the fl l ing of the bill the executors had sertle | their accounts in the registrars office.
 The case was first called for argumen
 before Justice Baldwin in the April ses sion of 1s41 Following this an appea was taken to che supreme court and tn
 lease was agaan argued at the Januar term, in 1843, by MT. Stump, one of tn ', complain inants. and MT. Jones' of Wash { ington on behalf of the Girard heirs, ap , by Mir. Sergeant for the city but tn judges thinking 1t was proper to hear tn case before fuller court, a reargufner was ordered and took place in Januar. et1sA1.
 . Aside from the legacfes Girard had b, queathed for the benefit of Philadelphian
 in his will he gave to New Orleans th z proceeds of g plantation of 20S,000 acre
 and some uninproved land in Louisiani
 with slaves and other appurtenances,
 be devoted eventually ito such purpos, as they shall consider most likely to pr,
 mote the health and general prosprtty
 the inhabitants of the city of New O
 leans" New Orleans did not secure tf