Page:Federal Reporter, 1st Series, Volume 8.djvu/591

 THE PEESIDENT, ETC., OP YALB COLLEGE ». BUNKLB. 577 �of these legatees. On the twelfth day of January, 1875, he added another codicil to his will, in which he declared that, in his opinion, the "donations" which had been made to Hamilton and Yale Colleges, and which were unpaid, could be better used in the cause of educa- tion in the Mississippi valley, and he therefore annulled the clauses in his will and codicil having reference to such bequests. By this eodicil he also reduced the legacies, by $1,000 each, which had been given to certain of his relations, where they amounted to more than $1,000 each, for the purpose of increasing the bequest in favor of the agricultural school. In this way, he stated, he could make additions ($31,000) for the purpose of founding and building up that school. The bequest, together with the condition, is in the following terms : �"And now I give, bequeath, and devise to my last-named executors, the survivors or survivor of them, all the rest and residue of my estate, for the henetit of the school last referred to, but with the express condition and proviso that, before or within six months after my decease, responsible citizens of Knoxville or Knox couiity shall pledge at least $40,000 to the same object and purpose. Fearing that without such moral and raaterial aid my earnest wish and purpose will be fruitless, I hereby revoke and declare null and void all I have heretofore written in regard to the contemplated school near Knoxville, unless the said sura of $40,000 shall be pledged and subscribed as above witten. If this be not done, then, and in lieu of the money I intended for said agricultural school, I give and bequeath to the trustees, and their successors, of Hamilton and Yale Colleges, $40,000 each, in addition to the $10,000 heretofore paid by me to each of said institutions." �The provision and condition contained in the original will and in the first codicil, as to payments made during bis life-time, were not in terms repeated in the second codicil. AU the rest and residue of his estate he gave to the trustees of Ewing Female University. By this codicil he repealed, annulled, and declared void all clauses and provisions of the will and first codicil inconsistent with this. �The bills filed in this case allege that this condition of the last codicil of the will bas not been complied with as required by the testator, and therefore that the bequest to Yale and Hamilton Colleges has taken effect. �It is alleged in their answer, by the executors, that a subscription paper was prepared by which the subscribers promised to pay to the executors the sums set opposite their names, for the purpose of rais- ing the required f und for carrying into effect the provisions of the will ; and that subscriptions to the amount of $43,061 were made by re- sponsible parties, which subscriptions were payable in four instal- v.8,no.8— 37 ��� �