THE WILL - Libraries...St. Charles county, Mis:1ouri, in trust, nevertheless, for the use nnd...
Transcript of THE WILL - Libraries...St. Charles county, Mis:1ouri, in trust, nevertheless, for the use nnd...
THE WILL
OP
CIIARLES M0 MICKEN,
OF CINCINNATI, OTIIO.
rnonATBI) J ui-'1! 10, 1858.-Wmi AN INDH)(.
EXECUTORS:
F. G. CARY, WM. CROSS~!AN, 'i\~I. M. :E'. IIEW ON.
CINCINNATI : l'lllNTHO AT 'IITE Of'FICE OF TILE " CINCtNNATOS," COLLEGE llTL4 0.
1868.
SKETCH OF THE J.TFE OF CllARL1';$ )[c)CICKEX.
Mn. C 11 AllLP.S MoM1ci<:r.N wos born in Hucks county, Pennsyl vllni•, i 11 tho yenr 1182, where be was Mrly traine<l to linbits of induotry 011•1
<.>eonoiny. Al tl10 age or twonly·OllC, ho left tho homo of hii youth, o utl •et out on horse book ns an nd,·onturcr to the fnr W col. JI, teochc<I tho then small vilbge of Cinci nnati, in the spring of !SO:i . hii hon.e, soddle and bridle con•tituting hill availoblo meons. Ile there OnFO~ in trade OD 1he river by fl•t.-boots, and by close atuwtioD to business ond rigid economy, in •abort time estobliBhcd him..,1r u a mcrehant in the South, •I Bo you San. After""'°"'! >°"" of •o-ful business, he purelwled a homo in Cincinnoti, to which he rtfiOrted in •ummer, still spending bi• wintcro, e<en to the bst, ID the
f:uutb. Mr. :\lc)licken'• =•r educatfonol ad, .. nto<.'CS were qnita lirui1e.!,
wl1ich he, howe\"ct, foithfully improved. Ules.00 with a good constitution IUHi 1trong and \•igorous frame, and being 'Uictly tcmpcnte in his habits, ne,.cr using h•bitually inl<lxk'llling lic1uo,. or tob•ceo, be w1•s mrely e,·er sick, and rct:1ined undimini8hc.d \•igor or body nnJ. rniutl up to the time of bis 1351 illness; t>081!C11Sod of indomitnblc ener,:y nn<l <leeision, he ""ns a rnnn of fine lmtiinoss <1u111iftcntions1 nud WtL"'l eminently suoccl!Sful in the ncoo1nplishmon~of all hi• plnns. HiJs • killful mnn:'IJ...'Cmcnt. and correct bus.in~ biabits, onllblcd him to accumu· late • largo fortune, probobly worth more tbt1n • million of doll:u·•· II• never m)rried, bu~ was surrounded by an extensive circle of relnti\·cs, who rcceh·ed miny kindn~ 1.t. bis hand; quite a number •)r then\ hninp: been educated by hi!! liberality.
Quiet and retiring in bis manners, :attending e1elush·ety to bis own hu>ine><. very few, nonh or south, k.new him inti1natcly. Indeed it k <tUe>tionablo whether any one know onything about the de1.tils of hi; hu•inc•• or the leading purpose of hi• lifo. lie w &O entirely ..,1r.rcli· ant, mreJy, if C\~cr, consuhing an att.orncy-mft\:in~ his own bsr&"'fting, cxaminini; titles for himself, and never •pc•king of hi1 property or it> C'xtcor, orcn, t.o l1ia most intimate friends. In his deeds of charity,
3
4
whioh hnve bceo more numerous tbnn the world will ever accredit to h im, there wns oo ostentation.
Somctimo during the ycnr 1848, the American Coloni1.ntion Society made nn uppcnl in behalf of Free Lnbor Tropical Cultiva tion, by the purchase of a largo trnet or laud on tho coast of A rricn. In April o f 1hc somo yoor it wns suggested, through the Cincinnati papers, that an cffccLUnl blow might be s truck at tho Sln<e-trodo by a liberal provision loeing 10ndc for the settlement of n Colony: Mr. Mci\Jicken's sympathies wero Lhcroby enlisted.
fie snw at once that to encourage the emigration of the Free Colored P eople from this a nd adjoining s lates, to the Republic of J,ibcrin; to consecrate tho groutcst possible extent of the soil of Africa to free lnbor ; to protect its population from tho direful couscqucnccs of the rcnewnl of tho Slnvo-trnde; to render its labor U\'nilable in Tropit:U L'ultivntion upon i1s own soil ; a nd thus to deprive :;l:l\·ery of it• lllO·
nopoly of the mnrkcts of Chris tendom, nod check its extension on t ho American Continent., were objectswortl1yhis monns ond efforts.
T he mcosure was responded lo by Mr. Mc)lickcn, on a plan proposed by himself, by un offer of sufficient funds to pny for the ncccs•>ry amou nt of' lond for such n colony. Preside nt Roberts, of J,iberin, on reaching the U nitcd States shortly after the plan of Mr. Mc)licke11 hntl been nooounecd, git\'O to it his decided nppro•·nl.
When tho ll~w. Wm. MoL:iin, Secrctnry of the A mcrionn Colonization Society, annonoccd to Mr. Mc)fiekco that tho purchase h:1d been made, ho promptly remitted to him tl10 6"e thousuml dollnrs which he lrnd pledged. Oltio ;,. .Aj,;,·a wos purchased with these fu nds, a nd wos expressly dcsignccl for the colored people of Ohio, Indinno, nnd llli· nois. On the consummation of which act a new cm iu Africun colo· nization commenced.
Ile, from time to time, made liberal donations to other objects; and a few year. l·erore hi.• ,Jeatb he subscribed ten thousand dollars for the endowment or the Profc.oorsh ip of Ag ricultur:tl Chemistry in F armers' C'ollC):e. This Institution was early reg:irdecl by him with pecttlinr favor, and patronized uy educating within it n nnmbcr of his nephews.
Jiis lust will, containing thirty-nine l!Cctions, will be read with inlcrest by all true J>hilanthropists. After remetnbcring ll is numerous rcln ti\'C~ nnd friends in thu bcstowmcnl of legacies nnd an nu ities-not in largo snrn•, believing"" he did 1.l111t e••ery one should be self·rel i:int, nnd that fortunes gi\'011 witl1out labor oftener proved " source of evil thnn othcrwis(.)-ho nuakcs pro,·ision for the founding of two Colleges, embmcing in extent n course of Uni,.crsity cducntion-ono for each
5
of lhc sexes; nnd should the funds at length justify, nn csl:tblishment for Orphans, on n most admirable plan, nnd one brcuthing forth a most benevolent spitit. It provides for the 1nnintcnn11co, clothing and education of those unfortunate ones who should be bercnved of both fniber a nd mother. Tl1is educational scheme had long been tho single object of his life. Ou unfolding it, •s ho said, for the first time, to l1is intimnte friend F. 0. Cnry, he informed him t.bnt he had labored s ince early manhood for its nccomplisbmeo.t. Opening l1is will, nbout n year before his death, he atte mpted t,o rend it to l1im, but before be had complewd the first parag raph, his feelings choked bis utternnee, nnd with eyes suffused with tears he banded it lo his friend, requesting him to rend. I t is as follows :
u llltving loog cheri~bed Ll1e desire to found an i M t.ilulion where wb.ite boys and girls might be lAngbL not only A knowledge of their duties U> their Creator and lhcir fellow-men, buL also receivo lbo benc.Gt. of a soundJ thorough, And prAC· ticol l~oglish cduaalio111 nnd guell n.s might. fi t them for lite active duties of life, ns ~·ell o.s iuslructiou in <lll tLe higlicr bra.nchel! of knowledge, except denominat,lonal theology, to the exte nt. Hmt. the Mme a.ro now, or rn1•y bereane-r be l:rnglu. iu ttny of t11c seoulAr collegC!-1 or nnh•o.rsilies of lhc higt1est ~rade iu the counlry, I feel grAWful lo God thal through his k ind pr~nidonc::O- l hM'O been ! Ufficiently foTor~l to gnltify tb.t wish of my benrt..11
'fhe ch:tractcr of Mr. Mo~Cickcn was no les.~ marked in his Ins t illness, contracted on board the bont on his return from New Orloons. For a nu111lier of days there seemed to be no cause of alarm. But his disc:a~, which w:.s rneumoniu, soon assumed n most. malignant type, nnd threate ned a fatal tcrminotion ; nod be curly becMnc s:1lis ficd !hut his sickness wus unto tlertth , yielding himself fully to tho impression that the time of his dcpnrt11re was at hand. Ilis miud was unclouded omid the most intoosc suffering C\"Cn t.o the Inst moment. ; not n murmur or comph1lnt. csc11pctl his lips. 110 a.n intimate friend, asking him if he dcsircd to recover, he c:ilmly replied, " I shall soon hn~e lo go, nuy wuy; ""d if it 1ilcosc the L ord, I nm ready to go now." Ile seemed like one ••tisficcl thnt he had finished his work on earth, and nrndo his peace with God t.hrough the only Sa,.ior of sinners. Jlc m:.dc no mention of his worldly m:ltlers during hi-l'i entire illnes..'i. In bis last moments, he was tLlte uJed by lho Hov. J . Jt'. Wright, who, osking if he shoulJ unite in prayer, he nodded assent. And afte r a short petition was offered, he immedintely yielded up bis spirit into the !muds of b is Redeemer, on the 30th day ot' March, 1858, io the ~even ty-sixth ycnr of hi~ :1ge.
Mr. ,\JcMickcn was for n number of years 11111e111ber of the ~[cthodist Episcopal Church, ant1 was uniform in his attcndnnc..'() 0 11 the ministry of the word and tho ordinances of relig ion. He wos cntbolio iu his
6
'l'iewa on all 1ubjccl3, yet ten11Ciou and decided in his own, and en gaged in controversy with none. That ho had his faulta io common with all, nono will deny. Let those who read his noble bcques\ for the co use of education and humanity, write thoso in the sand; and such u ha,·e enjoyed like good fortune, copy his example .
. Prom this hasty sketch of his life and ehar11Cter nnd this, his finnlly developed purpose, justice Mn not be dooo; but all must sny that Mr. McMiekon was a remarkable mnn.
THE WILL OF CHARLES :\fcMICKEK.
I, CnARLES McM1CRllN, n. nntive of the County of Ducks, in the Stn.te of Penusylvnnin, now residing in the City of Ciucinunti nnd State of Ohio, boing in goocl health and of sound nnd disposing mind nncl memory, do, for tho disposition of all my worlclly property of every description, make this my Inst Will and Testament, in manner and fonn following, to wit :
First, declaring that I have ne.-er been mnrricd, and that I hn,·e no heirs in the nsccnding line no'v tiring.
I direct that immcdintcly after my decease, an Inventor~· under oath or affirmntion, shnll be made by a Notnry Public, Msisted by two or more persons, whom my Executors hereiunl'ter named may appoint, of 1111 my real nnd personal estate,
wherever situated.
I. I give and de,>isc to Charles M. Carr nnd Andrew i\frMicken and lo the survivors of them, hls executors nud administrators, nll my rent estnte in Clinton county, Illinois and St. Charles county, Mis:1ouri, in trust, nevertheless, for the use nnd benefit of the children of the said Charles M. Curr nrn l of i\fory Carr-who intermarried with U enry Lear, who is now deceased-to be dh,idcd b0tween tho 8llid children and their heirs, share nnd share alike, when tho last child shall ha,·e attained the nge or twenty-one years; that is to say, the 1111itl lands shnll he di,·iclcd by the snid children into parts of cc:1ual value and cMh child shall choose his or her rcapcctivc portion by lot; but if tho whole or any portion of the said land can not be cqu111ly divided, or the snid children should fail to agree upon a dhision, then sncb portion which enn not bo divided, or upon a division of which the snid children foil
7
8
fail to ngrcc, I direct dh:lll bo sold by tho said Trustoo;i, who
~hull divide the p<'O<:eefls thereof cqunlly among tho said chil
dt'Cll or their hcit'I!. The issue of nny child or children of the said ChnrlCI! M. Cnrr, or of his sil!tcr the said Mnry Cnrr; or
auy grnndchild, shnll t.'lke by rcp~ntntion of their pnronb;,
t'\:opcctivcly, such shnrc of the snid lnuds or of tho proceeds thcrcot~ as tho &'lid child would havo been entitled to rooei•e h:11l he or ~he been )j,•ing nt tho lime of the division or c:ile
of the ~nicl e.-t:itc. Thi~ cle'' L"l', howe,•cr, shnll no~ enuro ~ the benefit of such
d1ild or c•hildrcu of the bllid ChnrlC$ )[. Cnrr, or his said sis
ter )fary, whu mny hereafter rccci'"o !\deed or deeds from me
for :my portion of the Sl1id lnmIB.
U. I give nml lfovise unto ' Villinm Crosaronn nnd Freeman
G. Cary nnd to tho ij1trvivor of them, his executors nud nd
mini~tmton1, nil tlmt plantation situated iu Miami T ownship, County of ilamilton nn1l Fitnto of Ohio-in which my siste r
Elizabeth, tho wiclow of 'Willinm Han<lnll deceased, now rcijiclc>1-coutaini11g about two hundred and twenty act'Cs, in trust., mwc1·Lhclca~, to vorn1it my sil!wr, tho s11icl F.li?.nbcth, to
use, occupy nntl onjoy tho snmo during her lifo; nnd nt her
dcnth, T givo untl dc,•iso tho 8nmo to hor childrco, Andt·cw
,Jack.t!oo Tinnclnll :tnd Anno ,\foria l31~1loy, anil to thcu· heu'S,
in fee, ~hurc nml Hl1t1ro olikc. 'l'he Mid prcuii>!Cs to be diridcd
in to pnt•ld of <'<1uul vuluc, nnd cnch to rcc:ci\•c n pnrt.
ill. I b-i\"C :uul hl.'Cjlll!flth to Andl'\:W )fo)fickcn and his h~it'I', two 1<Cholnn1hip• in the Fnrmers' College, nt PICllSrult Ilill in llamilton 1•01111 ty, Ohio; to Anna )forin Timley and
h~r hcin,, two i.chol11n,hip• in th<' Micl l'annct"' College: and
,,/J.Ue.y
9
ancl to Joseph L . Carr, one scholui-ship in said ]'arme1-s' Col
lege.
IV. I gfre and devise to my ncph<w, Andrew Mc):lickcn, in trust, for the uw and benefit of his wife, llachel Ann, clur·
ing the term of her life, ancl after bcr death to their chi ldren, in !Cc, share and share alike: the issue, however, of any such child or childJ-cn of the said Audrew, now or hereafter born,
to t;ike by l'epresentation, ns I have already provided in Item No. 1, (one) in the wonls of my devise to the childi·eu of
Ch1nles M. Carr, a foresaid, and of bis sister Mary Carr, the following rea l and pe1-sonnl estnte, to wit :
1. All my real estate in the County of ) foclison and State of Illinois, with power on the p11rt of the saicl Andrew to sell at publ ic or p1frate sale, any or nil of the said laud, mid to convey tlte same to the p1u'Clinse1-s in fee; the proceed~ of snclt
sale to be investee] in other renl estate or in good sccurilic8, to be held fo1· the use and benefit of said Ilacl1el Ano and the snitl chi ldren, in trust, as afo1·csaid.
2. All that Tmct of Laucl in tLc Parish of West Fclieil\na :me! in the State of Louisiana, in the Tunnicr• settlement, containing five hn1Hl1-cd arpens aucl ki1own ns llte "C:u'1':1clino Goro '1'1,wt," nnd which wns purcbasccl nt the sale of the esfatc of "William Coll ins about the year Eighteen l1undrcd aud forty.
3. All my lots >md hmds in !be Town of Bayou Sara and other bnds ou Thomvson's C1·cek, in thcJ Parish of \Vest ~'e
liciaiin, in the Sh1to of J.ou i~inun.
10
4. J\ II thnt Trnct of Land, containing nbout lwo hundred nnd fifty nrpcus, situated in the Parish of .1!:1111t Baton Rouge, on the Cyprcu Bayou, about t"'eh·o mi!Cl! uorlh of tho Town
of llnton Uouge, known as the James McGill Tract.
5. All thut 'l'rnct of Land in the State of Kentucky on the .Hig Snndy Hivcr, containing about ten Uiousund acres, and known ns tho Benjamin 'IVyncook Tract or rutcnt., nncl which
is now the subject of n suit in Ejectmeut; roserving, howovcr, if 1·eeovored, to the hei1'8 of Joshua F. Doyle onc-thi1xl of the net proceeds after the sale tliereof nncl uftor the payment of nil costs nnd charges nnd eiqxmses.
G. All my land in the State of Texns, except the Grants in the 1u1mcs of Adam Carraway and Jnmcs Drown, which arc herc:11\cr do~ to Levi 8. )Ic1licken.
All the lands as above devised to be sold nnd disposed of by 1111id Audrow at his discretion.
7. All thut lot of ground in Spriug Orovo Cemetery near Oincinnnti, ns n burial place for the family of my brother and ~istcr nnd of my ncphc\\rs und nieces nncl tl1oi1· dcijcondants; und nlso my P ()w, No. 75, in the Ninth Street llaptiat Church.
8. All tlchts now due me in Cincinnati, Kew Orlenns, or elsewhere, by Jutlgment, Bond, Xote, nccount•, or otherwise;
ull the l"()utl!, issues nud profiti!, which Ill the time of my dc.'lth may be due me from tho land abo~·c spccilically <lcYiscd U> my ~aid nephew, Andrew )lc)fickcn; my crir1ingc~ nnd horses; nil my T.ibnuy nm! Ilousehold furniture of cYcry description, 1md nny other personal properly not hercinnftcr specifically
11
specificnlly de'ised, which said Library, furniture and person
al property, slmll be equally divided by tho snid Andrew \vith
my uicoo, Lizzio McMicken.
0. I permit my nephew, tho snid And row McMicken, and my nicec, Lizzie lfo_i\licken, if either soo 1it, to occupy, free
of rent, and for the period of five ycnril nflor my dece11$e, the bouae in which I now reside. This permission, however, shall
not inte rfere with the objects of my devise, he1·einafter st.'\tcd,
to lho City of Cincinnati, rui to the lot by which the said
building is surrounded.
V. I give nnd devise unto Levi S. McMickcn of Polk coun·
ty, Stnte of Tcxns, and his heiri!, nil my right, title and inter
est to two leagues and labors of land, originnlly granted to Adnm Cnrrn,vny nod James Drown, nnd now in the charge
of Genera l Jnmes Davis of the samo county, for the purpose
of perfecting the title thereof, and which nro now dc,,jscd to
the snid Levi, subject to nnd chnrgcaule witu tl1e provisions
of my ngreomont ",jth General Davis .
.A II of tho 11bove de,·ises nnd bcciucsU! shn.11 bo free from
Any ded uctions or proportional payments for or on n<X.-ouut
of 11ny lcgncy or annttity with which I hnvo chnrged my real
or pcri!Onnl estate.
YI. I charge my real and personnl c;statc with tho payment
of tho following legacies and annuities, which are to be paid
mul dischnrgcd out of the rents, interest nnd dividends of the
said cstllte, free from every deduction whntcver. The
12
T he said legncieil shall bo paid at the period when each leg
atee respcctfrcly sh~ll attain the age of twenty-one years, and
shall be paid to such legatee in person only, nnd uot through an agent or nttonicy; but nuy legacy ehall be withheld, if in
01e ,judgment of tl1e Corporate authorities of tho snid City of
Cincinnati, the per;iou to whom it is given shull , from babit<i
uf intemperance nncl dissipation, be doomod uuwot1hy to
r~"Cch·c it) in which cnsc such legacy shall bo rctniucd in the
po&."CSSioo of the snid Authorities for at loost the period of ten .r.ml'I', ancl if sncb legatee should nt any time within that period reform and become worthy to receive t1Uid legacy, then the 8:trnB shall be pai<l without interest, otbcrwiso it shall be
forfeited and fitll into my residuary estate. And I hereby further tlir'Cct that should nny nuouitnnt, for
the reasons above ~lated with respect to auy lcgutcc, be found
unworthy to receive Mtcb nnnuity, the 111-oee«Li tbcl'\.--of shall
be withheld by said Authorities until such nnnuitant shall re
form nod becomo worthy to reccivo it, when it shaH be paid,
but without interest.
Yil. 1. I giYe and bcqucnth to Andrew McMick en, in trust,
for tho use and \J<;ocfit of his wife and familJ', dtu-iog the life
of the allid Andrew, aud not to be subject to uny debts due
by him, now or h"rc11flcr contracted, tho annuity or yearly
sum of fifteen humh'\.'\l dollnn>, payable ~mi-111111u:tlly. This
111111ltily shall be free from nil c1'\ims of c,·cry nature, which
my c~tate may hnvl) 11g11i11st the snid .l'u1clrow, nncl iu fttll sat
iofoction of any cl11im~ or 1lo11111utls, which ho 11111y uow hnYe, il' nny such there a ro, or which he 111ay h~rcallor have ngnfost
my c.5latc.
18
2. I gi\·e and beqneath unto the ~nid 1bchd Ann, the wife
of my said nephew, Andrew )fo)i icken, tho r11m11ity or year
ly sum of lh·e bu11drecl clollnrs, p:lynhll' 1'<!111i-n11n11:1lly, during
tho term of her life, which shall commence to be pnicl to her, on tho death of ·hcr husband, should she sur\•h·e him.
3. And uuto S11111b, Andi-cw nncl J oseph, the child1-en of my ~nid uophow, Andt•cw McMickon, each the sum of two
thous11 11 cl clollnrs, nud unto any other child or children which
my n~pltc"v, the said Andrew, may ha•o by his present or any futuro wife, cnch the sum of two thou~oud dollnl'!l.
VIII. 1 g ive and beque.'ltb to my nil'Ce T.i7.zie .\fc.\ l icken,
now ro.idiug with me, the annuity or ycnrly sum of one thou
saml dollani, payable semi-nnuunlly, during her life, free from
the lit11Jililic" nod cngagcmcnta of an)· future husband noel for
her ~ole 1111d scpumtc use and bchoof. I al•o gh•c to my said
niCCll Lizzie, 111,r lnrge walnut bcdstcnd, with the bcdcliug in
tho room occupied by me. Shonld my ~airl niece mnrry ancl
h1wo ili.~uc, 1 g ive nnd beqnenth to ovory such child, when it n1·1·ivcs nt tho nge of twcuty-oue yenrs, tho Sltlll of two thonsnml tlolln1'i!.
TX. T givo nud bequeoth unto Andrew ,J'nckRon Rnnclall
thu s um of two thou,;and dollo..,., uud lo hi~ wife Mary the sum of ouu thousand dollars.
2. And unto tho childrcu of the ~nid Audrow .Jucksou Rruiclnll, each the ~um of one thou$:illd clol111rt1; null to tln)· other
child or chil1lrl'n of U1e said Andrew horc11ftcr born, each the
811111 of Oil<' thou~and uolla r.;.
X. T give Md hequcat.h lwlo Cl111rh·~, tht:> son of ::lforia Bra-
Icy, the sum of two thousand dollars, nnd to nuy other child or children of my niece the s.1id )f11ri1\ Bmley, now, or here
uftcr born, cooh the sum of one thowmnd dollars.
XT. t gi,,e nnd bequeath tmto my nicoo Anna ~faria Braley, the annuity or ye~ sum of fivo hundred dollars, to be paid somi-annually during her life, for her solo and aeparate
uso, ft-co ft-om the control or dobts of hor present or any futt1 1'0 husband.
xrr. 1. I give and bequeath to CharlCf! i\f. Carr, the SllUl
of lwo lhous:rnd dollars, and to hiM 'vifo l [annah B. Carr, the Rum of ono thousand doll:u'i!.
2. I gh·o and be<1ucalh to Joseph J,. Cnrr, the son of the s:ti1l Ch:1rl01< M. Carr, the Rlll)l or two thou•:uul clollars; nnd tO the brothers aml sioters of the said .Jo..cph, each the ~um
ur one lhou•aucl dollars. And to any other chihl or chiltlre11 of lho said Clmrles :M:. Carr, hereafter born, each tho sum of uno thousuud tlollurs.
XI Ir. I givo nnd bequeath unto the ehililrcu of Mary Carr
who i11tcr111mTicd with H eru·y Lenr, uforc:111ill, each tho sum of one thoufl!lncl dollars.
Xl If. 1. I give and bequeath unto Clmrloe Mc:\licken P erin, the ~on of :\£nry J\CcMickcn who wn11 the wife of l!'nrnklin l'crin, the sum of one t11ousaud doll:m!; nncl i( within the
1~riod of ten years after my dC<:cnse, or within the period of ten ycnrs after his nrriml nt t11e age of twenty-one years, he shnll procure the pa;:s.'lge of n lnw nntl1ori:d11g him to :t'!$ume the nnme of Chnrlcs )fo)1icken, in~tead of Clmrles McMicken
l'e rin, [ then give nnd bcq11cath to him tho further sum of ti vu tlaous1111d dolbrs.
lf>
2. I gfre nud bequeath unto Clyde nlHI Mory Louisa P erin, tho sisters of the said Charles, eaeh the sum of one thoUSADd dollnrs.
X\. I gi,·e and bequeath uuto Mnry Ann Revelle, the ;nnuity or ycnrly sum of one hundred dollars, payable semi-an
nually during her life.
XYI. [ give nnd bequeath unto Virginia McDowell, Ute sum of three httmked dollars, and to Samh her sister, tho ~um o!' two lmnclrccl dollars; the said Virginia nnd Sarah b1:iug the clii ldl'OU of Joseph and Sarah McDowell .
)[VI!. I gi,-e and bequeath unto the following named chiltlrou of D:wid McUicken, of J.ycoming county, l'ennsyl
''ania, my sceood cousin, that is to say,
1. Unto Diffid llays McMickcn, and ornh, Elizobcth ond Mary )k)licken, coch the sum of five hundred dollars.
2. I ' uto .\lurgnrct, a daughter of the saicl Dov id )lc)fickeu,
by his first wifo, the sum of five hunclt'()(I dollars.
3. Cnto Ann, the daughter of John Mci\lickcu one! granddnughtcr of ~aitl Dnvid McMickcn, tho sum of live Iumdi·cd dol11\l'S.
4. Unto the two unmarried daught-Ors of Jane, the widow of ('Itnrlcs ::\1chlickc11, deceased, who wn.s the brother of the said David )1c~1i~kcn, each the sum of five bUDdrcd dollars.
X n ll. 1 give and bequcnth unto Mrs. ..\lnry E. Randllll, of New Orle:rns, widow of Cl1nrlcs M. Hnndnll, dcooa.."Cd, nn annuity or yearly snm of two hundred dollnrs during her lift!, pnyoblc ire1ni-n111rnnlly.
16
XIX. I give nnd bcquenlh unto Sarah Blll'SOu, of Trenton,
New Jersey, formerly Snrnh Doou, au early friend nud much
csteemcd school-fellow, nu nrrnuity or yearly sum of two hun
dred dollars during her life, paynblo scmi-nnnunlly.
XX. I give and bcqnenth unto Charles Mcl\Iickcn, the son
of William n. and llethuli Cadwnlndcr, now Jiving in Trenton,
Kew Jerwy, who is the gnmdson of Mni. Snmb Blll'ilOn, who
gt1vo him thnt ul\U1e, tho sum of two thousand dol.lrus.
X:XI. 1. I gi..-c nnd bequeath unto Wirtz Mc.Uick en, resid
iug in the City of Philndclphin, formerly Wirtz McMick eo
.foJmson, but whoso nrune wns clurngcd by 110 Act of Assem
bly of Pennsylvania, nn nnnuity or yearly Sllln of five hun
dred dollars, payoblo semi-ammnlly duriug bis life. .Aud, in
cnsc h o sl1011kl hnvc nay legal issue, I give to enclt child, when
it nrrh·Cll at tho ngo of h1•cuty-oue years, the sum of one thou· snud dollnrs.
2. I fm·thor give nud bequeath to S1u"!lh, the mother of the
~aid Wirtz MuMickou, nn uuuuity or yea rly sum of two hundred dollars, pnynlllo aemi-auuunlly eluting ltor lifo.
XXIJ. I g ive and bcq11cnth to Mrs. Kn1•n 11nugli, wife of
13isl1op Knvrmuugh, residing in the 'J'own of Versailles, State
of Ke11tucky, tho Hum of five hund1'(.'<l doll111"i!.
LTIII. I gi1·0 nncl bcqne11th unto Charles Mc~1ickcn Segur, n •• • -·- ..•....•. , ·· · - _ ............... ..... ... .......... .....
l!llnil <lollars; and to ~Elir.abcth, tl1e dnnghtcr of the said Doc
tor Segur, the sun1 of five hundrt"'<i dollars.
17
XXIV. I give nnd bequenth unt.o Mary, the daughter of Amlrew McMickon of Philadelphia, the sum of five hundred clollars; and to her eistors Josephine ancl Virginia, each two
huud l'ccl nncl fifty dolhm1.
X:XV. I give und bec1ucnth unt.o my sister, the said Elizabeth Randull, nn annuity or yearly sum of two. hundred dollars, payable scmi-nnounlly, during her life.
JO..'VI. Having been born on lbe twenty-third clay of November, Anno Domini, one thousand seven bundrecl nnd eighty-two, I direct that the first payment of tho above An· nuities shall be mltcle ou the twenty-thi1'<l day of November nfter my decease, being the proportion of such annuity which
shall have accrued between the period of my dccca.se nnd the said twenty-third of Yo,·cmber, whether the same be more or less than six months. Aud the said payments shall be mude
ecmi-aununlly thereafter on tho twenty-third days of May nnd November.
XXVIL All of tho nbovo recited Annuities nnd Legacies
shall be paid in full without nny deduction whnt-0ver, for, or on account of any law or of nny decision of tho Court__~ now or hereafter iu foroo or pronounc-Od. Tllo Annuitie.i slutll be paid by the Treasurer of the City of Cincinnati, or other proper officer of said City nppoiut-Od for tho pttrpose; nnd
those
18
those Legaeies which shall hnve bcoomo payable by my death, shall be paid by my Executon1; but those dependent upon the hnppeniug of nny contingency, shnll be paid by the Trcnsurer or other proper officc1· of tho City nforesaid.
XXVIU. If I should die owning nuy slaves, I direct my Executors to give thorn their freedom, nnd if tboy MO d.iBposed to remove and live in Liberia, Africa, I direct my Executors
to expend the sum of one huudrod dollars upon each, for the purpose of sending them to that country.
XXIX. Any monies which I have advanced to my said nephew Charles M. Cnrr, or Ilenry J,enr, wl10 intermnrried
"'ith my niece Mnry Cnrr, ns well as nny cfoims, by Note or otherwise, I may have ngninst them; nlso nny monoy advanced to, or nny claim by Kote or otherwise, I mny have ngainst my ~istcr Eli7.abeth Handnll or her two children, And row J nckson Unndall and. Anna )foria Urnlcy; or ngninst my nephew AnJrcw Mc:\ficken, or my niece Lizzie i\ic)Iickcn, up to this date, I hereby relinquish and forgive.
XXX. Should nuy of' my aforesaid kindred, or others to whom I have devised or bequeathed any renl estate, legacy or
annuity, attempt, by tho institution of leg11l procoodings, to
Met nside this my lrust 'Viii, they shall by so doing forfeit nny de\isc or bequest I h:we mnde them, nud the de,·il!C or bequest llO annulled nnd forfeited shnll fall into my residuary estate
ant! euurc to the benefit of the City of Cinciunnti, for the purposes hereinnftcr sot forth.
19.
XX.XI. Having long cherished the desire to found nu institution, where white boys and girls might be tnught, not only a knowledge of their duties to their Creator and their fellowmen, but also receive the benefit of a sound, thorough 1111cl
practical English education, and such as might fit them for the active duties of life; as well as instruction in nil the higher bmncbes of knowledge, except Denominational 'fbeology, to the extent that the same are now, or may hereafter he taught, in any of the &eeular Colleges or Uui versitie.~ of the highest grade i.n the Country, I feel grateful to God that t.lirough his kind Providence, I have been snf!iciently favored to gratify the wish of my heart.
I therefore give, devise and bequeath to TilE Cru OF CrN
CTh~Arr, and to its successors, for the purpose of builrung, cstnbLi.shing nud maintaining as soon as pmcticable, after my
decease, two Colleges for the education of white Doys nud Girls, all the following real and personal estate, IN 'l' llUST }'onEVER, to wit :
1. All that pie<:e of llllld called the " Davenport Tract," situated in the Piwi!!h of East Baton Rouge on the River Miil!lis~ippi, about fomteen miles below the Town of Baton Rouge, in the State of J,ouisiana, being about fifteen arpen~ i11 front und eighty in depth, and containing about twelve huncb·ecl acres.
2. All my property in the City of New Orleans, and Town ancl Parish of' J efforson in the State of Louisiana., which, aa well as t.hat called the" Davenport Tract," above devised, shall be sold by the said City as soon as it may be deemed prudent,
20
and upon the most advantageous terms, at public or private sale ; and the same, if solcl at publi~ sale, shall be sold in the months of January or ll'ebruary, for whfoh pllrpose the said city is empowerecl to make the necessary conveyances. The said laud shall be sold upon the usual credjts of one to three or four years, with a payment in casl1 on account of the pw·chase money, of' ten to twenty per cent. ; the balnnee of tho pnrehnse money shall ]Jear interest from the dny of sale at the loighcst r11te of conventional interest, whfoh interest shall be secured in the Note.~ given, aa n part of the principal sum, nnd Ilic Notes after becoming due shall continne to bem· the same rate of in terest. The whole balnnce of the purchase money
shall be seenrecl by a mortgage on the prcntiscs.
8. AU that Tmct of Lancl in Delhi Township, in the County of Ifamiltou and State of Ohio, containing ouc hundred nncl twenty-fom· acres and three-tenths of an acre. And I hereby nuthorizc the snicl City to lease or sell tJrn snme, ancl
nlso to sell auy othet· property 11ercnftcr acquired by me, in the County of Hamilton and State of Ohio, 01· elsewhel'e, exccp~as hereafter pnrticnlarly stated-Real Estate in tbe imid
City of Cincinnati.
4. All my real estate in the City of Cincinnati, snbjcct, first, to the payment of the legacies and annuities with whicl1 it is charged, which as I have directed shall be paid out of the
rents and profits derived from the saicl estate.
5. All my real est.ate and personal property which I may acquire :tftertho elate of this my Will.
6. All my Railroad J3oncls nncl Railroad, Insurance ancl oth-
~~;./"
21
er Stocks. All ~otcs, scoured by Mol'tgnge, on p1'0pcrty I
may hcrcatler selL All moneys on deposit in any Bank, and
dfriilcnd.11 due at the time of my decease. And all rents due
at my dcecnse from my J::state devised to the said City.
7. All tn.xes, claims, etc., to which my Estate, dcviijcd to the snid City, may be subject nt the time of my deOOMe, sbnll be
paid out of the rcuta of the s.~id Estate.
8. All surplus of funds at any time hercnfter accruing beyond tho a111ount necessary to maintain the said Collegc11, and all rentll, dividends and interest accruing between tho period
of my dccC>ISC and tJrnt at which tJ1e ~nid Institutions shull go
into operation, or any Sl•l')>lus which may nt. any time hcrc:U
ter nccrnc beyond tho expenses and 1~1niremcuts of the In
stitutioM, shall be judiciously investccl, l01· the benefit of the
said Institutions, in re11l estate or mortgage securi licij in the
said City, or iu good Ruilroad or Bank Stocki!, or Jlailroad
Douds.
9. Al l the residue of my real or personal estate, not hcrein
before tlovisccl or given, ns well as any lcgncy, etc., whid1 from tJ1e dcnlh of nny legntcc, etc., or failure of any condition on
which tho some is gh·en, mny bcrcilncr lnpse.
:XX::XU. 1. None of the snid Renl Estl•tc, in tho saicl City of Cincinnat i, above dovi~cd to the Sl1id Corporation, whether
impro,·cd or unimproved, or which I mny herCl.~flcr acquire in
the said City, or which the said City n111y pureh:i.;;o for tho
benefit of tho saicl Colleges, shall at any time be sold, but nny building 01· b11ilcliJ1gs thcrcou shall be hpt in rcp:Ur from the
22
revenues of my Estate. And I hereby authorize tbe Corpo-
111te authorities of the said City, ;;hould they find it necessary OJ" expcclieut from dilapidation, 6re or other cause, or for the pw·posc of soouiing the largest income, to tnk e tlown nny house or houses, nnd to rebuild the same out of tbe income of my Estate. Antl I fw·ther empower tbc said Authorities to build upon nuy vacant lot, lots, or g rounds, I may possess, or which they mny under the authority of my Will hereafter
purchase; and as there will be a considerable space upon the eastern boundary of the grounds devoted to the College for the Boys, it "·oultl be a suitablo nncl convenient place for erecting Iloat'Cling-houses for the accommodation of Students, from which a rental might\)() derived.
2. The College Building shall be erected out of the rents
nud income of my real and personnl estnte, nnd on the premises ou which I now reside, in the City of Cinciunati-by me pui·chased from theadmi11istrntors of Luman Watson deceased ~and which shall be plaiu, but ncnt nnd substautial in their character, nncl so col\Slruetecl, tbnt., iu conform.ity with their arcbitectu rnl desigu, they, froin time to time, ml\y be eufarged, as the renb! of the Estate devised will allow, and the ends of
the Institutions may req nire.
The said buildings Rl1 all be erected on difiorcnt parts of the snid grouuds, to wit: llrnt for the Boys on the north, ancl that for the Girls on the south of the road lately cut through said
g rowi<ls.
And I direct that the plot of ground ou which the College for the B oys shall be built, shall comprise not less than from
23
4 fi\'e to six acres; and thnt on which the Collcgo for the Girls
shull bo built, shall comprise all below tho said rond, which
plot muy, I suppose, contain about tliree acres. Should addi
tionul g rounds be rcqufrcd for tl1e buildings connected with
tl10 College for the Oirls, I would refer to lot No. 32, in the
subdivision made by Jacob Madeira, adjoining 01e last de
scribed premises on the west, which may be found a suitable
pince for 01e erection of dwellings for Boarding-hon~ for
the fenrnle stodcntl!, and from which a revenue might accrue,
or IIouses for Fcmalo Orphans when required.
Ancl I would rocommcnd for tl1e purpose of enlarging the College g rounds and for the general benefit of tho Iustitutio1111, that the said City should, if they deem it advantageous, uucl ore ennbled to do so upon equitable terms, purchase the prop
erty on the west side of my said grounds, by which the said
City will h.wc the opportunity, if they soo 6i, of erecting ,.
portion of the Collcgo lluildings for the Doys to the we..-nvard
of the location I have assigned them.
XXXIlI. I hereby outbo1ize the snicl City, if they believe
it expedient, to lay out into lob! any uni mpt'O\'od property I may possess and to lease the l!.'lme for building purposes upon
ground renta rencwoblc at a. re-nuuation, buL uo lease shall bo made for a. longer period than fifteen ycal'il rui afores.'lid, or
the said CiLy instead of lensing may build upon the same ns nlrendy empowered; 11nd no lease of improved property ~hall
be made for a longer period than ten yen1"S. Tho 1·evcnue tber"'frcm slrnll be approprintccl to the use of the &lit! Colleges.
XXXIV. The 1 Coly Bible of the Protestant version rui con-
24
tained in the Old and New Testament shall be used as a Books of l0$lrnction in the said Colleges.
XIl."V. The preference in all applicntions for admission to be given to nny aud nil of my relations and their descenclants,
to uny nnd all of the within 11nmed Lcgntcca nn<l their dcsccnd
nnts, nnil to ·wirtz McMickcn anil his doscondunts.
xxxvr. 1. If after tbe full and complete organization and cs1al1lishmcnt of the snit! Institutions and the adrnisaion of a.s muuy pupils as, in the discretion of the snid City shonill, foi: the purpo•cs of Etlucation, be reccivccl, there shnll remain a sufiicicut surplus of funds, the same shall be npplfo<l in mnk
iog suitnhlc additional buildings, nnd to the support of poor
white male nnd female orphans, neither of whose pnrcnta nrc
living, nnd who arc without nny means of support, nnd who mny he mlmittccl ns pupils, if not younger thnn fh·e nor older
thno twelve ycnrs, the preference nlwnys to be given to the
you ugcst npplicnnt, except in the euso of my own relations
uucl collntc1~1 1 descendants, nud of nuy nucl nil of tho within
nnmcll r.ei;.•utccs nncl their clescencla11t~, nnd to "Wi rtz McM ickcn nntl his clcsccnclnuts, who shall be roceivcd, whethe1:
such np11lic:1nt sbnll have lost either or bolb pnrenta or what
ever mny be the ngo of said minors. 2. Tho snid Orphans shall receive n sound English educa
tion, oncl where the talents or the Child shnll nlford eucoar·
agenwnt, he or she shnll be trnnsforrccl to the respective Coll!!gcs nnd .hall be cclacnted to the extent that T lrnve pr0\'1cled by the Thirty-first Item of my Will. It is my desire nlso that
the 11101111 instruction of nil the Children ndmitb .. '<l into the
21>
Baid Institutions, shall fonn a prominent pnrt of their education, and thnt 118 far as human means may nllow they ahtill be made not uecfol Citizens only, but good Citizens dooply impl'csscd with n knowledge of their duties to their God and to their fellow-men, nnd with a love for thei r eo1111try nnd its united republicnn institutions, in the blessed and pcnooful enjoyment of which, it is my fervent prayer, they and their deeoondants may continue to live.
8. No orphan shall be received until their Gunrdians, or those in whosc custody they are, shall have first entirely relinquished their control of them, to the said City, in order thaL
they may not be capl'iciously withdrawn from the benefits of the said Iustitutious.
4. Those orphans who mny have remained until they have reached any age between fourtoon and eighteen years, shall be bolllld out by the said City to some proper art, trade, occupation or employment. The ta.11tcs and inclinntione of the or
pbnns, in the selection of an occupation, to be as f'ar 118 prncticable and advantageous, always consulted.
6. This direction as to binding out, I do not intend should be npplied to those who, having displayed aupcrior talents and receh·ed instruction in tl10 higher branchce of knowledge, a.• aforesaid, shall, if they aec proper, be pcnnitted to pursue the study of the learned profC88ions.
6. Those runic orphans who mny intermarry with the fo ..
male orphans shnll, if found deserving, in order to their !!>!tab· lisluncut iu business, be entitled to receive from any surplus reve1u1es iu hand, nt un interest of six per e-0nt. per annum, a Jonn not excoocling five hundred dollars, which shall be mncle
26
under such rcgulnttons, nnd refunded nt such t.i.me, ns the said Corporate authorities mny stipulnte nnd direct.
XXX.VIT. The (!Stnblishmcnt of tl\c regulations necessary to cnrry out the objects of my endowment, I leave to the wis·
1lom nnd diserction of the Corpornto authorities of tho City of Cincinnnti, who s hall hnve power to nppoiot Directors of ;nid Institutions.
:xxxvm. Tho conditions on which the above devise and lx-quCllt to tbe @nid City of Cincinnati, in trust, nre mnde, are
'1S follows: Thnt the nccountll of tbo snicl I nstitutions shnll be kept en
tirely distinct from nll other accounts whatever. That tho rent;., isauc.~ nnd profits of the l~stnte devised ~hall be nsccl for no other purposes thnn those directed by this my Will , tho provi~ions of which ~hnll be f:iithfnlly complied wi.th. And thnt the Fnirl City ahnll n11111mlly remit to the I.cgi~latmc, nnd al ~o publish a statement contnining nn ncconnt of !.he amount of fu nds rcccive1l nnd !liRhut'8cd during the ycnr, the number of pupils recch•ing i11 st1·11ctio11 1111<1 under chm·gc, and n reprcse11t.ation of llto gcuerul concJition of' the Institutions. And also ti.tat uo cha1·go wlmtovcr slaull bo rruule by the said City for the educatio11 of nny of tho pupil~ admitted into the said Colleges, or for tho support nod education of nuy orphans received.
X.,'CXJJ(. Ln8lly, I hereby 11omi1111to am! nppoint William
Crosom:m, Frecmnn 0. Cnry, John C. Chenoweth, Willirun
M. ]•'. JTewson, 'l\'illinm 'IVoodrull~ nnd Andrew Mc~licken,
the Executora of this my Inst Will nud Tcstnmcut, and recom-
27
mend them to discharge the duties assigned them ns speedily
ns pmct.icnble.
IN TESTIMONY ·wuRREOl' I, Cbnrles Mci:lickcn, hnve to this
my Last Will and 'l'cstamcnt, exectltcd in d upl icnto, writtell ou twenty-one pages nnd on one side of tho leaf, sot my hand at the foot of cuch page, nnd my baud nud sc11l at the foot of th is page, this tho Twenty-second day of September, in tbe
year of our Lord one Thous.'lnd eight bm1drcd nnd fiftyfivc (18.;5.)
SIGNED at the foot of each and on this page, alld &aWl, published and dedartd by the said Charles MeMicken, ns nnd for his Last \'lrill 11nd Tcst:amellt in the presence of ns, who, in the presence of tho Testntor nncl of ench other, have subscribed our names.
Non:.-Tbe name "Cbarl~•t" in lhe 4lh Art.ic1e Of the XVTf Jte:m ha Ting bffft ftn:l Wrillt-D OD tr&
IW"e btf'o~ signing.
EDW. ARMSTRON(}. W)f. McU~AN.
THOMAS S. FERXO.N. w. o. PL\T1' tmSO.N. wn.t.TAM WTS'rER. JOUN JORDAN JR.
TuE STATE or OBlo, HAlmTOs Cousn, u:-Wbcrcu, C1u.u1;1!S MdhcKl':x, late of the County of Hamilton,
and st.i1lc of Ohio, died, leaving• lllllt Will und Tcswmont-a true eopy
whorool' is hereto atUlehed-wbfob anid Wjll nnd '.l'Cl!tnment bas been
duly proven and ndmittcd to Record by our Probate Court, within and
for tho County oforosaid, on t.110 10th d<Ly of April, A. D. 18118. KnolV yo, therefore, that the said Probnlo Court has grnnted unto
F1t&UIAN G. CAt1Y, WILLIAM. CttOSSllMI and WILLIAM M. F. HEWSON,
tho ~:xecuto111 in eaid Will and Tettnment namod, LllTTERS T.i:su
ll&NTARY tlicreon: hereby gnnting to said Excoutorsall aod singular,
the power necessuy, and by law ro<tuircd, to enable them lo take au
in,..ontory of, collect, sue for and recover, all and einglllar, tho goods.
ehouol11, and credits of the said deecued ; and out of the same, or
such port tltoroof as shall come to their hands, tho debts of the Mid
deceased, nod tho legacies in said Will named, to pay ond disoharge
accord ing to law and to tho Will of 83id Tosilltor, und the same fully
to 11drnini8tcr in all things, as required by law.
A 1111 tho Court liave nppointod Timotliy S. 000</mcm, William 1'/.
Sliir<11 nnd J o/u1 D. Caldwell, to appraise on oa11t or nllirmntfon, all
and @ingulor, the goods, choltds, ond crediU! of tho snid deceased, to·
gether with ll1e real estate of the said de<."eosed, u required by law.
fn te~timony whereof, I hove hereun to set my h•od and af-
6scd tho Seal of the said Prob2to Court, •I Cincinnati, this
6n11 day of M•y, in the year of our J, ord one thousand eigM
hundred and 6.fty·eigbt.
GEO. H. HIJ,TON, Probau Judge.
28
CIJARLES McMICKEN'S WIL L .
SYNOPSIS.
SECTIOX.
Plrst1 direcl8 hnmcdiBto Im·entory of his 1'hole EsfJlte.. J. Devise to Cn.rr and lfc).licken, in trust, fo.r Ute children or Cbarlce )J. C:l rr
and M.ary Lur. 2. Devi1<e to Crossman and Cary, in trust, ror ElizabcLh Rllndo.U and her chil
dren; nnd see also~ 26. 3. Oi\'es Antlrcw McM1okcn and Anr11i. M. Drnley Scltolarships in Fnl'1Uer~·
College. 4. Dcvi!Se to Andrew i\lcMicken, in trust, for his wi fe and U1cir cbilcll'(ln. 6. DcTisc to tcTi S. )JcMickcn, Polk Count.ft Texas. 0. Directs all the foregoing to be tree of ch~rrge. Chtl1·ges nia.1 aml pe_r.,ounl
Cl!ilO.tc with po.ymcn"t of lcgna ics ADtl annuities; directs 'l\·hen n.nd how legacies shall be pAi~ ond in certain eYonls wiU•held or annulled, nntl ky whom.
7. Annnit.y to Andrew McMicken, in trust, for his wj/e and children for his Hre ; and to bis wife annuit.y if she survives hlrll i 11nd legacies l6 their three childN.?n.
8. Annuity lo l~iuio McMioken1 and legacies lo each of her children. 9. Legacies to Andrew J. Rnndall, hi.s wife, and eo.ch or his ebildl'en.
JO. LegAcies 10 Charle~, son of M&rift. llraley1 a nd eiteh of hor other children. 1 J. Annuity to Anna Mn.rill. Brtley. 12. Legacies lo Cha.rles M. C11.rr1 his wife nnd tJ1eir children, 18. Leg•cit'8 to Mary Lear"• cbildren. 14. Legacies to Chn.rles McMickeo Perin a.nd bis sisLers. 15. Annuity 10 Mary Ann ReTelle. lH. Leg!lcie8 to \Tirginin and Sarah McDowell. 17 . Legncies to the children or DaviJ. MoMiclccn; o.190 to hia granclflAugb1er
Anni 11n<l to two dnughtors of Jn.no Mei\tickcn. JS. Annuity lo Mary E. flandall, widow of Charles ) (. lbndnll. 19. A1\nnity to Sarnh Jlur8on. 20. Legacy to Chnrles McMicken Cadwalacrer. 21. Annuities to Wirt~ Mc)licken and his moU1~r, and legac ies to eaeh or his
ch.ildren. 22. Legacy to the wife of Bishop Ka.vauaugb. 23 Legacies to Chulcs Mc'Micken Segur, and to hi!S shcter EJiubcih, childrco
of Doctor Segur1 of' Cincinnati. 2!)
30
SEO?IO:rf.
24. Leg&oi .. lo O.ughlen or Anclrew McMicken, or Philadelphia. :!~. Annuh1 tO Eliiabeth Randall. 2G. Di-11 •h• n A=uiti<a 1h1U be i-id. 27. Di_rectif all lhe foregoing legacies aud annult1ts to be paid whhout deduction,
allO b1 whom respeoU•el1 to be i-id. 2$. Any elM•c&, to be liberated, a.nd provi.sion for their removal. 29. All aclvanocs t0 cort•ln paniet relinquished and forgl•en. 30. l>rovlalon aa to any leg1lff1t etc., aU.empt.ing to Ml. a.side thi11 WUl. 31. Dedso to ch-1 of Cjueiooatl, in tnut.. for building, tstabli&blog and mair.·
1aioing: two Colle~ aod directions u to 1alN, 1~ inYttlmtole, and u tO certain cha-rges on eald dui!:e.
32. Prohibil1 1alc of certain property; ditC<lLI a1 to repairs and iwprovement9 of prepert1; and dircol.I whore tho College• 1.laall be built, •net In wh•t 8'yle.
83. Authorhos Ilic eity to lay oul and lease Iola, and limit. terma of le"""" aud \lie or the ren11ue.
3~. Di-•• thol the Proteotant Bible ahall be uMd ia the said Colltgto. 3.:>. Pruoribc11 prefennce or hl• nlati\"OS, legatffa, etc., and lbeir children, in
admitting pupils. 36. Dir«18 •11rph1$ ruutls to be appreprialcd to buildings ror 111pport of peor
Orplu~na; tt(IDS- of admi!tiion, and pl'O•i111on for advancing lbcm. Pr-c-. ecribct what education they 1hall baTe., aod t.ht.t. moral t!ducailon tball bt the prominent obj .. t In •Id ln.etitutiont. Pn>•ides r.,. binding 0<1l Orphan• to 1ra<1.., and aldlag ,.,_who ma...,.
37. F.mpowcn corporate au1horiUes or Lhe city to m.ake the oecttaar1 reguta.. t.ion11 to carry ou&. the object.a aforesaid, a11d to appoinc. diroctort.
38. ConditlOM or the foregoing dc•lsc to t he city ei..ted. 8~. A ppolnta Erooutora, whh a ree<>mmcndatlon.
l.