Peter v. Carter

Miller, J., delivered the opinion of the Court. Julius West by his will admitted to probate in May, 1860, after first giving his wife a life estate therein, devised and bequeathed to “the trustees of the Rock-ville Academy in Montgomery County, all his lands and negroes and personal estate, to take and hold to themselves and their successors forever, for the use of the said academy, provided, that the said negroes shall not be sold by said trustees unless for gross misconduct, and the said negroes be maintained, protected and comfortably supported by the said trustees, if they should become infirm or unable to work, and they shall be permitted to live on the farm where ¹⁴¹ I now reside, subject in all respects to tbe control of the said trustees, — the said lands and personal estate not to he appropriated to any building or improvement on the academy lot, hut to constitute a perpetual fund for education.” The clause referring to the negroes has of course become inoperative since emancipation. The testator’s real estate consisted of a farm containing about two hundred and fifteen acres, and the academy trustees have bought out the widow’s life estate in it, who is still living. 0 This academy rvas incorporated by the Act of 1809, ch. 152. Among the powers granted to the trustees was that of “ taking and holding to themselves and their successors for the use of the academy, real or personal property given them by devise or bequest, and to sell or otherwise dispose of the same for the use of the academy in such manner as to them shall seem most beneficial to the institution, and to receive the rents, issues, profits, income and interest of the same, and to apply the emoluments thereof to the proper use and advancement of the said academy.

The charter also gave them power to appoint professors, teachers and assistants for instructing the students and scholars of the said academy in the vernacular and learned languages, and such sciences and branches of education as they shall think suitable and proper to be taught therein,’ and to provide for the payment of their salaries.” When the testator made his will the trustees owned an academy building with ample grounds for all needful purposes, in the town of Rockville, which had been regularly used as a place for the education of the youth of the town and vicinity for more than twenty years before his death. In July last, a majority of the board of trustees passed an order to the effect that this “West farm” be sold, and the purchase money, ¹⁴² or so much thereof as may be necessary, be applied to the purchase and improvement, for the purpose of using the same as an academy property, of eight acres of land near the town of Rockville, and that not more than $6,000 of the fund