Ar a AT IU WENT SWE K IY
THE LAMPSON WILL.
It Is Valid in the Opinion of Surro-
gate North.
The opinion of Judge Safford E.
North, of the Surrogate Court of Gene-
see County, N. Y., in the matter of the
probate of the will of the late William
Lampson, ’62, will be of interest to
_ the friends of the University.
William Lampson died on the 14th.
of December, 1896, and about two
months before his death he executed
the will which is the subject of the con-
troversy. His nearest relative is an
aged aunt living in St. Paul, Minnesota,
who would be entitled in the case of
intestacy, or in the event that any be-
quests should be held invalid to the en-
tire unwilled personal property of the
estate. This personal property is valued
at about $400,000, and the real estate
foots up to between $100,000 and $125,-
000 more. By the terms of the will the
entire estate, with the exception of
$35,000, is given to Yale.
Judge North says: :
“On the day of the return of the cita-
tion for probate, appearances were en-
tered in behalf of a large number of the
heirs and answers were filed containing
objections in the form usual in cases of
contested probate, alleging undue in-
fluence and lack of testamentary capa-
city. The answers also put in issue the
legality of the bequests to Yale Univer-
sity, and the decision of this Court was
invoked as to the legality of these be-
quests. Upon the hearing, the contest
was abandoned so far as the questions
of capacity and undue influence were
concerned, and the contestants are now
in Court solely with respect to the
validity of the bequests last referred to.
2 * * 2 * 2
“The sole ground upon which the be-
quests to Yale are assailed, is that the
will was executed less than two months
before the death of testator, in contra-
vention as is claimed, so far as the be-
quests are concerned, of a statute of this
State. The large amount of property
involved, the somewhat unusual atten-
tion which the case has attracted, the
great care and labor bestowed by coun-
sel in the preparation of exhaustive
briefs and in the very able oral argu-
ments, have rendered it the duty of the
Court to give to the case the most care-
ful examination and study. These con-
siderations, as well as the fact that
counsel have united in the request,
have led me to state quite fully the rea-
sons for my decision.” * * * *
Judge North quotes the Hollis vs.
Drew Seminary case, which was de-
cided in 1884. The will of the testator
gave a bequest to the Drew Seminary,
a corporation formed under the laws of
New Jersey and another bequest to the
Wesleyan University, a Connecticut
corporation. The will was declared
legal and the bequests were made.
“It was contended in behalf of certain
relatives of the testator that these be-
quests were void under the provisions
of the law, by reason of the fact that
the will was made less than two months
before death. It would appear from
this that the questions presented were
identical with those raised in the pres-
ent case, and unless satisfactory and
conclusive reasons to the contrary are
shown, that the decision of the Court of
last resort must control at this time.
“It has seemed to me that any exami-
nation of the questions involved in this
case, however thoroughly entered into,
made from ordinary standpoints, must
result in the conviction that the claim
made in behalf of the next of kin of
testator finds complete refutation in the
statutes and decision relied upon in its
Owiesupport. * * * ¥-i%
“But one more branch of the case
need be discussed, and that is the point
raised by counsel for the University,
that the devise of real property con-
tained in the will is so inseparably con-
nected with the bequest of personalty
that this Court may not exercise the
power conferred by Section 2624 of the
Code, and determine the validity of the
bequests. In view of the disposition I
have made of the case, the question
might be deemed unimportant except
for the fact that it is jurisdictional. I
have examined it with the care that its
importance demands, with conclusion
that this court- has the power to deter-
mine the validity of the bequests under
this will. Discussion need not be en-
tered upon further than to say that while’
I believe this Court has full power to de-
cide as to the legality of the entire be-
quests to Yale University, there can be
little doubt in any case with reference
to the distinct gift of $150,000 to be de-
voted to the Lampson Lyceum.
Judge North concludes as follows:
“T have not attempted to discuss this
case in every aspect presented by the
learned counsel for the contestant in
his very able brief and oral argument.
To have done so would have been to
write a treatise, and yet that would af-
ford no reason why the discussion
should not be had if the case required it.
The issue, after all, is one of statutory
construction and may be confined with-
in narrow limits. The decision which
has been reached seems to me the only
one which has been rendered with due
regard to legal principles and without
attributing to the legislature and the re-
visers a disposition to render complex
and uncertain that which could as easily
have been placed beyond controversy.
I am fully satisfied that there has been
no change in the legislative policy of
this State with reference to the matters
which have been discussed in this opin-
ion, certainly none adding to the re-
strictions imposed upon charitable or
educational bequests.
“The bequests to Yale University con-
tained in the will of testator are there-
fore adjudged valid. The will is admit-
ted to probate and letters testament-
ary will be issued to the executor and
to the Mercantile Trust Company of
the City of New York. This institu-
tion had been selected after consulta-
tion with the executor named in the
will and with the University authori-
ties before objections were filed, and is
satisfactory to all parties concerned.
The designation by the Surrogate of a
trust company in the City of New York
as executor was required by the term
of the will.”
The next move in this case will
probably be made in the Supreme
Court of the State of New York, and
it is not-impossible that an appeal may
be made to the Court of Appeals also
in New York State.
latter Court in the matter of probate
must be accepted as final.
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DO NOP CONDEMN MoM ASTERS.
But Princeton Athletes Declare for
Authority for the Doctor.
[Correspondence of YALE ALUMNI WEEELY.]
Princeton, January 17.—The two
thousand or more Princeton alumni
who witnessed the football game be-
tween Yale and Princeton at New
Haven last November were by no
means amiably disposed toward those
upon whom had been placed the re-
sponsibility of training the players.
The undergraduates and alumni did not
know just who was to blame, but it
was felt that someone had grievously
blundered, and at the fault of this per-
son or persons great indignation was
expressed.
The Graduate Advisory Committee
on Athletics decided to investigate the
matter. It was immediately found that
there was great dissatisfaction felt with
trainer John McMasters, who has had
charge of the training of both the base-
ball and the football teams for several
years past. The Committee, however,
found it impossible to fasten any parti-
cular blame upon McMasters, and it
was consequently decided to place the
whole matter in the hands of the 1897
football Eleven.
At the summons of Captain John
Baird, therefore, the men who played in
the last Yale game were called together
last Wednesday evening to discuss
the matter. The team did not think
McMasters to be alone culpable for the
condition of the men in the Yale game,
several causes, in their opinion, con-
tributing to it to as great or a greater
extent than the carelessness or lack of
skill on the part of the trainer. Prince-
ton had a very unfortunate schedule.
there was entirely too much divided
responsibility between the doctor and
the trainer, and things were in a gener-
ally muddled condition, especially to-
ward the last of the season. The men
were practically unanimous in believing
that McMasters should be retained, and
a recommendation of such a nature will
be submitted by them to the Graduate
Committee.
It was decided by the team, however,
to make a number of. changes in the
training and coaching methods at
- the doctor.
A decision of this .
Princeton next season. The undivided
responsibility for the physical condi-
tion of the players will be placed upon
The trainer will take care
of the bruises and sprains, McMasters
having shown quite an aptitude for that
sort of thing, but he will be entirely
subordinate to the doctor. The train-
ing table will be in the hands of the
Captain, as was the case last season.
The players seem to think that one who
actually participates in the games can,
after consultation with the doctor and
trainer, tell better what the men should
eat than can anyone else.
These plans seem to meet with the
general approval of the undergraduates.
The fact that the players have endorsed
McMasters will do him a great deal of
good in the minds of both undergradu-
ates and alumni, and during athletic
seasons he will not lack for support.
The students are now very busily
engaged in preparing for the semi-
annual examinations, which begin Jan.-
uary 27th and continue until February
oth. On February 11th the Junior
Prom. will take place, and the last half
of the college year begun.
+94
Princeton Game Report.
Manager D. C. Twichell of the Uni-
versity Football Association has given
out the following report of the Ex-
penditures and Receipts of the Yale-
Princeton game:
EXPENDITURES.
_ Globe Ticket Co., $ 126.64
Numbering Seats, 57.50
Irwin Score Board Co., 50.00
Straw a 73-59
Luncheon for Ushers and Police, 67.40
Police, 288.00
Ticket Boxes, etc., 18.50
Referee’s Expenses and Fee, 128.90
Umpire’s Expenses and Fee, 85.00
Signs, ‘ “ 95.40
Ticket Offices, Fences, Boxes, etc.,
450.00
Lumber, 11.65
Carpentry, etc., 28.26
Printing, 30.35
Labor on Field, 16.00
Watchmen, 10.00
' Ticket Takers, 51.00
To Financial Union for seats in ex-
cess of 10,000, 2,601.00
Miscellaneous, 33.16
Total Expenditures, 4,231.35
RECEIPTS.
Tickets sold.
to Yale 18,464
to Princeton 8,014
: 27,378.00
Program Privilege, 1,018.77
Total Receipts, 28,396.77
Expenditures, 4,231.35
Net Receipts, 24,165.42
Princeton’s Share, 12,082.71
Yale’s Share, 12,082.71
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