Massachusetts Society for the Prevention of Cruelty to Animals-upon the trusts, terms and conditions set forth in said will and first codicil as to said several legatees. It is my will that if any of said legatees or the beneficiaries of said legacies shall be found incapable or disqualified to take the whole of any such legacy, that it shall receive so much thereof as it may be found competent to receive or hold. All the remainder of my residuary estate, being the remaining fifth part together with any part or all or any of said four-fifths the gift of which may for any reason fail, I give, devise and bequeath unto the Master, Wardens, and Members of the Grand Lodge of Masons in Massachusetts for the support and maintenance of the Masonic Home. It is my intention, formed many years ago and still adhered to, that no part of my residuary estate shall pass as intestate property, but that the same after the death of my said wife, shall be devoted to charitable and religious purposes.'' The estate was inventoried by the Executor March 4, 1915, at $490,915.69. Nothing has yet been received under this will. HENRY A. BELCHER WILL. R.W. Henry A. Belcher, late of Randolph, died January 20, 1915, leaving a will dated May 1, 1911, and a codicil dated November 16, 1911, probated in Norfolk County on March 17, 1915. After certain specific bequests he leaves all the rest, residue, and remainder of his estate, to his widow, Hannah B. Belcher, with the right to use and appropriate to herself the income thereof, or any part or the whole of the principal, if she desires. The eighth clause of his will reads as follows: "Whatever may remain of said residue and remainder upon the decease of my wife, if anything, I give and dispose of in the following manner: One-fourth thereof to such of those of the next-of-kin of my wife, as she by her last will may designate and approve, and in default of any such will, then to such of her next-of-kin as would be entitled thereto under the laws of descent and distribution of said Commonwealth. From the remaining three-fourths thereof, I give to my nephew, Harry E. Cottle, the sum of Ten Thousand Dollars-to the Church of the Unity located at said Randolph the sum of Twelve Thousand Dollars, but in trust nevertheless for the purpose of safely investing the same and appropriating the income thereof for the general expenses of said church-to the Masonic Education and Charity Trust located at Boston in said Commonwealth, the sum of Twenty Thousand Dollars, to be called the Henry A. Belcher Fund, but in trust nevertheless for the purpose of safely investing the same and paying the income thereof to the Masonic Home located at Charlton in said Commonwealth-to the Norfolk Union Lodge (Masonic) located at said Randolph, the sum of Two Thousand Dollars but in trust nevertheless for the purpose of safely investing the same and appropriating the income thereof for charity purposes. If there is any remainder of said three-fourths not hereby disposed of, then I give the same to such persons or for such uses and purposes as my wife by her last will may direct." Nothing has yet been received under this will. CHARLES E. BOLLES WILL. Brother Charles E. Bolles, late of New Bedford, died on May 9, 1915, leaving a will dated May 7, 1915, probated in Bristol County on June 5, 1915. He leaves numerous personal and public bequests, among which is a gift of Five Hundred Dollars to his own Brother, William E. Bolles, of New Bedford. The residuary clause of his will reads as follows: "18th. All the rest and residue of my estate, whether real or personal, and wherever situated, I give, devise and bequeath to the Master, Wardens, and Members of the Grand Lodge of Masons in Massachusetts, a corporation duly organized under the laws of the Commonwealth of Massachusetts, to be applied to the maintenance of a home for Masons, their dependents, their widows and orphans.'' About Twenty Thousand Dollars will pass under this residuary clause, and will be shortly payable. Meanwhile the Five Hundred Dollars left to William E. Bolles has been expended, leaving him utterly destitute. Brother Charles E. Bolles was seventy-nine years of age when he died. His brother, William E. Bolles, who survives him, is eighty-nine years of age. The latter is a feeble, broken down, helpless, old man, and the testator (who was a physician) had reason to believe, and did believe, that he, being the younger and in much better health, would survive his older brother, and that moreover his older brother could not possibly live more than a few months at the outside. But even the best of physicians can not always prophesy with accuracy, and a situation has now arisen, which the testator himself would not knowingly permit, of leaving his only blood relative sick and destitute with the residue of the estate passing to the charitable relief of strangers. We have no moral right to take this money and leave William E. Bolles to starve or to go to the poorhouse. I should recommend refusing to accept this legacy unless something can be done for this helpless old man in his present pitiable condition. I therefore advised the executor of Brother Bolles' will that if any claim were made against the estate by the surviving brother I should recommend a compromise of the claim to the extent of furnishing sufficient funds so that William E. Bolles shall have proper care and support in that comfort to which he has been accustomed, so long as he may live. That such an arrangement might be carried out, I referred the executor to a committee |