The Waterbury Democrat., 1944-08-02

(Continueu from rage ~
the fund. This ruling. In effect
leaves disposition Of the funds ur
to the probate court.
Corporation Counsel Maurice T
Healcy, who represented the city IN
the trial court, said today that II
the trust fund had bee nallowed 70
continue, the. city might have Of
some later date sought to establish
school In accordance with the
specific descriptions Of Mr.. Porter
In his Will.
Todays decision, however, mol
only oyerrules the trade school issue
but concludes that the fund Is in
sufficient to start any other educa-
tional institution which might con-
form with Mr.. Porter's wishes.
In ruling that the doctrine OF APP
proximation can not apply In the
case, the high court pointed TO the
specific outlines left by Mr.. Porter
for establishment OF a school. The
memorandum OF decision, written by
Judge Patrick B. O'Sullivan, states
That Mr.. Porter's viii lis. In effect.
an order to carry out his educa"
tional program and none other"
The decision points out that Mr..
Porter was critical Of the methods
of instruction then In vogue ana
had conceived a novel scheme OF
education to supplant them. IT
states further that the wording OF
the win and other factors show that
Mr.. Porter had a "deepseated desire
to dedicate his estate to an institu-
ton that would revolutionize The
method of advanced learning among
the young"
The viii, executed in 1904, speci-
fed the courses which would be
taught, the terms Of instruction,
and other technical considerations
The courses for men were to be not
less than three years or more than
six, and for women, not more than
four years. Summer work periods
were provided for men. and the
women were to attend classes only
during the summer.
In ruling that the fund Is inade-
quate to establish an educational
institution. the high courts menu
orandum states. "the sum Of $780,
900 is necessary, when placed at
four per cent interest. to provide
for the annual outlay for operation.
exclusive OF repairs and depreci-
alton" It ooints out that the fund
is adequate TO erect q relatively
small building. but to maintain and
operate 1t would require over $780,
900 annually.
II establishment of trade school
had been permitted the state would
have maintained the institution. An
appropriation Of $3.50. 900 has been
made TO equip 1t. No provisions ey-
list for maintenance Of any other
type Of school that might have
been set up with the Porter funds,
however.
The original fund. at the time of
Mr.. Porter's death In 1905. was val
ued at $4,000. The Hartford court
states that through unusually adj
ysntageous sales Of realty and stock
the fund has grown to $4,000. 1t
diseloses that during the past dec
ade the yearly increas has been
about $500. adding. however. that
there is no expectation Of further
immediate substantial gain and II is
highly improbable that the future
will show any growth at all COM
parable TO that OF the past"
The decision states In part, The
trial court reached the conclusion,
among others, that the trust estate
now In the hands of the plaintiff,
together with probable aecumula-
tons during a reasonable period OF
time In the future, will be inade-
auate 10 carry out the testator's
purpose. We cannot say that this
conclusion is one which the trial
court could not reasonably have
reached In view OF the length OF
time that already has passed and