any control of 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."

The will further alleged that this residue was substantially the
estate received from Francis Jackson; that the will was intended
by the testatrix to defeat the decision of this court, before
mentioned; that the testatrix had no personal acquaintance with
Lucy Stone or Susan B. Anthony; that said gift was intended as a
gift _in perpetuam_ to the said cause, and was, without limit of
time, upon trust in favor of said cause; and that said cause was
not a charity within the meaning of the law, and was null and
void.

The defendants demurred to the bill for want of equity. The case
was heard by C. Allen, _J._, on the bill and demurrer, and a
decree was entered sustaining the demurrer and dismissing the
bill. The plaintiffs appealed to the full court.

R. M. MORSE, Jr., and S. J. ELDER, for the plaintiffs.

B. F. BUTLER and F. L. WASHBURN, for the defendants.

Judge CHARLES DEVENS. The fact that the respective portions of
the estate bequeathed by Mrs. Eddy to Mrs. Stone and Miss Anthony
were in amount equal to-or precisely the same as those which came
to her by descent from her father, Francis Jackson, is not of
importance in the case at bar. It had been held in _Jackson vs.
Phillips, 14 Allen, 539_, that a certain bequest made by Mr.
Jackson in trust was not, legally speaking, a public charity, and
that it could not therefore pass to the beneficiaries named in
his will. The property which he thus attempted to bequeath
descended therefore to his legal representatives, of whom Mrs.
Eddy was one. She received it with the same right to deal with it
or dispose of it in her lifetime, or by will at her decease, that
she had in any other estate which was her lawful property.

The bill alleges "that said will was intended by the testatrix to
defeat the decision of the court, before mentioned; that the
testatrix had no personal acquaintance with Lucy Stone or Susan
B. Anthony; that said gift was intended as a gift _in perpetuam_
to the said cause." But if Mrs. Eddy has complied with the rules
of law in the disposition of her prope