re her death in 1882, desiring to
help the suffrage cause and thus carry out her father's intentions,
she made her will in which she bequeathed $40,000 for this purpose.
The clause relating to this bequest is as follows:
Whatever is left, after paying the above legacies, I direct shall
be divided into equal portions. One of said portions I leave to
Susan B. Anthony of Rochester, N. Y.; and the other portion I
leave to Lucy Stone, wife of Henry B. Blackwell, as her own
absolute separate property, free from any control by him. I
request said Susan and Lucy to use said fund thus given to
further what is called the "Woman's Rights' Cause"; but neither
of them is under any legal responsibility to any one or any court
to do so.
Her will was filed and the Probate Court declared its validity.
This decision was appealed from for several unimportant reasons by
relatives of Mrs. Eddy, Francis W. and Jerome A. Bacon, minors; and
the case was carried to the Supreme Judicial Court. After many
delays it was finally decided in favor of the validity of the will,
March, 1885, R. M. Morse, jr., and S. J. Elder for the plaintiff,
and B. F. Butler and F. L. Washburn for the defendants. The court's
final decision, rendered by Hon. Charles Devens, is as follows:
ALBERT F. BACON and others, executors and others _vs._ CHANDLER
R. RANSOM, executor, and others.
Suffolk. March 18, 19, 1885. W. ALLEN, COLBURN AND HOLMES, _Js._,
absent.
After a bequest in trust to A. and B., to be by them expended in
securing the passage of laws granting women the right to vote,
had been decreed void as not being a charity, a daughter of the
testator bequeathed the residue of her estate (being about the
amount she had received from her father's estate) to A. and B.
"as their absolute property"; and added: "I request said A. and
B. to use said fund thus given to further what is called the
Woman's Rights Cause. But neither of them is under any legal
responsibility to any one or any court to do so." _Held_, that
the bequest was valid, and did not create a trust.
Bill in equity by the executors of the will of Lizzie F. Bacon,
and certain legatees thereunder, against the executor of the will
of Eliza F. Eddy, Lucy Stone, wife of H. B. Blackwell, Susan B.
Anthony, and other legatees thereunder, and the attorney-general,
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