Page:Federal Reporter, 1st Series, Volume 8.djvu/590

FBDEBAL BEPOBTEB. ���On the grounds indicated, I think the complainant entitled to the decree ordered, and I do not deem it necessary or advisable to discuss, or to express any opinions upon the other points relating to stamps, defective acknowledgements, records, etc., argued by counsel. ���The Pbesidbnt, etc., of Yale College v, Ehnkle and others, Ex'rs. �(Oireuit Court, N. D. JUinois. May 25, 1881.) �1. WiLM— Bequbsts upon Condition— Condition Construed. �Where a bequest was made upon conditioa that, within six months after the testator's decease, responsible citizens of a particular town and county should pledge a certain amount for the same object, and subscriptions aggregating more than the amount, but over 700 in number, were obtained, — many from men of small means, to whom a long time of payment had been given, many signed by other parties than the subscribers, and some upon condition, — held, that the condition had not been complied with. �Mr. Mason, Mr. Miller, and Mr. Frost, for plaintiffs. �Lawrence, Campbell e Lawrence, for defendants. �Drummond, C. J. James Knox, of Knox county, in this state, died on the eighth day of Ootober, 1876. By his will, dated January 27, 1872, he made various bequests to his relatives and friends, varying from $1,000 to $10,000 eaeh. He also left an annuity to his sister of $1,200. He gave to the city of Knoxville, in Knox county, $2,000, in trust for specifie purposes. To the Ewing Female University, iu Knoxville, $10,000, upon condition that a like sum should be pro- cured within one year, by subscriptions, for the purpose of enlarging the university building. To Hamilton and Yale Colleges, $15,000 each; but he "expressly provided that any donations which, in my life-time, I may make to either of the three institutions of learning above mentioned, shall be deducted from the legaoy and bequest in favor of such institution." He added a codicil to his will on the second day of January, 1874, in which he stated that he had in the mean time given $10,000 each to the Ewing Female University, Hamilton College, and Yale College. By this codicil he gave to the Ewing Female University, or St. Mary's Sehool, at Knoxville, the further sum of $10,000, upon certain conditions; among others, that an equal sum should be pledged to the same object by other respon- sible parties. By this codicil he devised to his executors all the rest and residue of his estate for the founding of an agricultural sehool, to be located near Knoxville ; and he repeated the provision and condi- tion in the original will as to payments made in his life-time to any ��� �