The Mid-island mail. (Medford, N.Y.) 1935-1941, December 06, 1939, Image 14

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JL Ronkonkoma and. Vicinity Scientific Massage , ^__^_—— L. Bladder and Colonic £4 j / / ' • *r\ Irrigation I AfllMlJifi rMtll ftwfl .,, 7\ 1 VuU»llllUXll)lI I'l tC Other Treatment DAY or NIGHT DUTY By ^WcS, Woek » : M rs, Har ry Pete rs on GRADUATE NURSE LINCOLN ROAD LAKE RONKONKOMA TEL. RONKONKOMA 8498 Court of . Appeals Bars Patchogue . Highest Tribunal Holds That . Decedent Fait Unenforceable Provision in Her Testament — Estate Goes to Heirs—-Many Persons Involved as Relatives The proposed , John Van Brunt Roe hospital , for the erection ' of which many Patch- oguers have ho p ed during nearly a decade , is now barred by a decision of New York state ' s highest court. Funds for the erection of the hos- pital for . the Village of Patchogue were provided in the will of Miss Nettie M. Roe—a will which during the past 20 months weathered the test of a legal action in the Suffolk Surrogate ' s court and in the Appel - late division , but foundered last week on the rock of legal technicality in the Court of Appeals at Albany. -This tribunal , by a \ unanimous , de- cision , scrapped that portion of the will which , under certain conditions, provided the funds for the hospital , namely, para graphs 19 and 20 of the document. Personal bequests pro- vided in other p arts of the will; and since executed , are not . affected by this decision . The court , reversing the Surro- gate ' s court and Appelate division with lengthy explanation , directed the matter hack to . the Surrogate ' s court in this cpunty ^ith instruction s to distribute the' res iduary estate , now estimated . at $300 , 000 , in accord- ance with the law s , of , intestacy. This brings scores of possible heirs into the case. | ¦ S econd Cousins Sue s I < P - -^ 4 The decision was handed down in the action brought .fey Henrietta H. Gordon of St. Petersburg, Fla., and Alonzo H. Howell of \Norristown , Pa., each a second cousin of the late Miss Roe , who based their suit on the con- tention that she had violated the law of p erpetuities by ; 7$he manner in which the hospit al bequesj was pro- vided. It was this technicality that proved to be the stumbling block for the hospital plans b efore the state ' s high- est court , which ruled , \Since the attempted gift under clause Nine- teen th was voi d as Vesting was con- tingent upon an event other than the termination of one or two lives in being, the limitation over to the hospital , dependent 'Tupon the same contingency cannot be sustained by regarding it as accelerated or vested as of the death of \ -the deceased. \ The legal point involved is one of the remoteness of Resting of future contingent interests ;in which a gift is conditioned upofb' an event which is not measured by lives of persons in being. ^:. Since under the terms of Miss Roe ' s will , the provision for the hos- pital was only to come into effect in the event that neither a certain nephew , nor any .of his children could be located after ' a search of two years , the court has held that it con- stituted a contingent ' remainder fol- lowing a period of time not measured by live s but by an .arbitrary two- year period and the Tailure to locate her nephew , ' and so . - under the law of this state is invalid. In the two paragraph s involved in the suit , Miss Roe , . who died in 1928 , directed that her - residxiary estate By this time , John V. ' Van Pelt , of Patchogue , architect , under author- ization of the bank-trustee , was pre- paring plans for the proposed 33-bed hospital , after much consultation with physicians on the requirements , and was about to seek construction bids , when the Howell-Gordon suit bega n , stopping all work on the pro- ject. • ' When Surrogate Riclhard M. Haw- kins , who had succeeded Judge Pelle- treau , ruled on the Howell-Gordon action , he stated , in part , \The nine- teenth clause provides . for the sup- port and maintenance of her nephew if he \be alive . If he or his. children he non-existent , the twentieth clause provides a charitable gift fox the es- tablishment of a hospital. Now there is nothing contrary \to law in these provisions. There is perhap s , more words and less clarity than desirabl e , but I think there is nothing sufficient to compel the court to decree that the wishes \ of the testatiix ^nay not be carried out. \ should go to this nephew , John. James Roe , of which little was known among relatives here , ' and , if lie could not be found in two years , the residuary was to be set aside for the purchase of a site for the erection of and equipment of a hospital for the people of Patchogue. < g>—__ *_ & | World-wide Search Fails | < s>- : s For two years after her death , a world-wide search was made for the missing nephew or his . children , if any, but neither cotild be found. The fi lial decree . was . entered by then Surrogate Robert S. , Pelletreau in January, 1931. The estate then remained some- what dormant for about five years. In April , ' 1936 , Frederick C. Met z , Jr., ' president of the Patchogue Cit- izens Bank and Trust comp ' nay, . Roe estate, trustee , offered the Village , of Patchogue a hospital to be erected and equipped with funds from the estate , and , a m onth later , Village taxpayers , at an informal poll , voted five to one in favor of acceptance of the hospital offer. In September , 1936 , a nine-acre site on the north side of Roe boule- vard , west , adjoining upper Patch- ogue lake , was purchased for the hospital by the bank as trustee. Groundbreakin g ceremonies were held there on Christmas day, 1937. Surrogat e Hawkins denied the Gor- don-Ho well request for a construc- tion of the -two paragraphs of the will and the petition for an -allowance for legal costs of $7, 500. The case was then carried to the Appellate division , which in March last , unan- imously upheld Surrogate Haw-: kins \* decision . &• : & | Shaw and Greene Victors § . ^_-<8) The court victory for the contesting cousins was won by the Patchogue law firm of Shaw and Greene and its associates in the action , John D. Hallock of Riverhead and Harold R. Medina of New York. Josep h T. Losee of Patchogue rep- resented the bank-trustee in the suit , and Robert P. Beyer of- Attorney General John J. Bennett' s staff rep- resented the people. The Court of Appeals decision al- lows costs of all . parties appearing, payable out of the estate. As far as is known , the heirs to the estate , ' in addition to those who brought the contest , will be those people cited in connection , with the Roe will as the known next of kin , as follows , the list being similar to the original citation of several years ago: . * First cousins—G e orge R. Roe , Ella R. Roe , John J. Roe , all Patchogue , William H. Roe (through Alice C. Roe , Patchogue , his widow), George W. Howell ,, address unknown to p eti- tioners. Second cousins—Mary Van Sicklen , Edgewater , N. J., Theodosia Bell Hackett , G. Howard Roe , J. Austin Roe , Henry K. Roe , Nathaniel Roe , all Patchogue , Charles C. Burd , Mont- clair , N. J., Walter Howell , Arling- ton , N. J., and Jennie F. \ Hackett , Sarah A. Hackett , Raymond A. New- ton , J. Willard Newton , Gillette New- ton , Isabel T. Horton , Valentine How- ell/ Ruth Roe , William Quick , \Fifi Quick , and Fay Templeton (widow of second cousin , all addresses unknown . Third cousin s — Jerome Homan , Fred M. Ruland , Clarence W. Ruland , Ethel M; Ruland , Joh n R. Ruland , all Patchogue , and Miller Smith Davis , Nellie Smith Davis ,. . 'Bertha Smith Davis , Emma Davi s , Phebe Davi s , George Davi s , Bessie Davis , Sefrona Davis , W allace Davis, Lucy - Davis , Mariam Davis ,. Jerome Davis , Helen Silbon, and John Silbon , all addresses unknown. Actual decision as to who are heirs , and in what respect , will now of course be the task of the Surrogate ' s court. The next step in the case will be a taxation pf costs and an accounting of the estate by the bank as trustee from the time of appointment to date. These proceedings will take place before Surrogate Hawkins at an early date. There are now opened up several important \ questions regarding the site , the architect' s work and other matters which cannot be answered at this time. ¦ ' . Edward Hudson , president of the Patchogue Citizens Bank and Trust company today had this . to say con- cerning the turn of events: \Th e bank as trustee is very sorry that the matter turned out the way it did. We had hoped to be instru- mental in accomplishing the purpose , which Miss Roe had intended to ac- complish throu gh us. \We realize the necessity of a hospital for the community. It is unfortunat e that the building of the hospital is now beyond our control . The funds in the trust will be turned over in accordance with the instruc- tions of the court. \ ] Gifts , \Auxiliary Affected | ^-_ _ ; :$ When the hospital plans appeared favorable two years ago , a Ladies ' auxiliary was established in Patch- ogue and vicinity to aid the hospital on its erection. At that time , several benefit events were held , one by the Patchogue Junior league , and also a card party, sp onsored directly by the Ladies ' auxiliary. These events , along with several small contributions , enabled the aux- iliary to raise $383.23 , which is now held in the form of a* bank deposit by the auxiliary. Mayor Charles N. Butler , Jr., who was active in establishing the aux- iliary , said Monday that n othing will be done about it for perhaps several week s , then this fund will probably be distributed among char- itable institutions. Besides the auxiliary ' s fund , there is also a fund bequethed to the pro- posed hospital by the late Mrs. Lu- cinda M. Burchardi , a Patchogue wid- ow , who died September 24 , 1937. In a 1936 will , Mrs. Burchardi made a bequest of$1 , 000 to the proposed hospital , but this will was replaced by order of Surrog-ate H awkins last February by a will made in . 1933. It is understood that when the' Burchardi matter was settled , a cer- tain sum was paid to the legatees under the 1936 will in lieu of their not pressing the probating of the latter document. This sum is to be distributed proportionatel y to the legatees , and it is reported that the hospital would be entitled to receive a pro-rated part of the original \$1 , - 000 bequest. Attorney Herman J. Schoenfeld , of Patchogue , who was designated exec- utor of the .1936 will , said Monday that in view of the Court of Appeals decision , an order will probably be entered in the Surrogate ' s court with an affidavit explaining that the hos- pital-legatee is not existent. - If this procedure be followed , he \ said , it is expected that the hospital fund will be distributed among the natural heirs, to be determined by the court. Says N.Y.A. Projects Prove Great Value; Various Occupations A National Youth administration survey has been made of the employ- ees of the NYA in Eastern Suffolk county and the results are most in- teresting, says Benjamin Wilcox of Center Moriches, projects supervisor. visor. \I think it is worthwhile to let the public know , \ he says , \just how much is being clone in the way of improving the youth s from the stand- point of morale , training, financial aid , actual work experience and\ giv- ing them responsible work in which in turn develop s good work habits , efficiency, arid gives the youths their chance to express themselves and show initiative. \The belief of many is that the NYA is a relief organization but this is not so. Whatever money the young people receive is gained by work. They earn whatever they make and nothing is given away except the trainin g and supervision. The aim. is to find work fitted to develop the abilities of the young peopLe. \This is- don e by work proj e cts and every effort is made to place the young men and women on projects best suited to their own particular - interests and ab ilities ' . I' m sorry to say we c annot assign every ^youth and feel that he is perfectly satisfied and is doing the particular kind of work that he w ants to do> . We do , however , \ co-operate with both the youth and the cosponsor, and see to it that a pleasant and co-operative relation exists between them. \Besides helping tli e young people financially the survey . sh owed that 67 per cent of their salaries were given to their families. I' m sure that this is a higher percentage than a survey of people with private em- p loyment would show. \ Mr. Wilcox cites various examples of what NYA workers say about how the projects have helped them extend their education in practice and pre- pare themselves better for permanent work. \I asked all the youths ,\ he says , \ what they would like to be if they had the chance and the- answers covered.a wide range of occupations. Here is a list - of 'their , ambition s ' : Nurse , accountant , airplan e mechanic , commercial ' or \ fashion designer , raise pigs for market , electrician , steno- grapher , mechanic , carpenter , police- man , postoffice clerk , housewife , bookkeeper , teacher , secretary, child, training, dramatic teacher , plumber , musician , airplane pilot , forester. \ I raHroTACADEiir\ ~~~| I FOUNDED 1877 : j LOCUST VALLEY , LONG ISLAND j I . Prepares for all colleges. i I A center for the College Entrance | I Examination Board, l i Extensive athletic fields insuring - j I healthful exercise for every student. s £ Illustrated catalog will he sent on request. | I You are cordially invited to visit the school. | j HAROLD A. NOMER , A.M., L.L.D ,, ' j Headmaster. • I