LEHIGH REGISTER, Allentown, Lehigh County, Pa
MAY 17, 1849
Married on the 15th instant, by the Rev. Mr. Walker, Mr. George W. Stine, of Reading, formerly of this place, to Miss Mary Haberacker, of this borough.
Married on the 13th instant, by the Rev. Mr. Dubs, Mr. Alfred Guth, of South Whitehall, to Miss Lydia Huber, of Weisenburg.
Married on Saturday last, by the Rev. Mr. Yaeger, Mr. James Eshbach, to Miss Emilia Sterner, both of Bucks county.
Married on the 6th instant, by the Rev. Mr. Zeller, Mr. Daniel Mack, to Miss Matilda Mensch, both of Upper Milford.
Married on the 15th instant, by the Rev. Mr. Dubs, Mr. Samuel Werner, to Miss Mary Spinner, both of Allentown.
Married on the same day, by the same, Mr. Zacharias Thomas, to Miss Catharine Custard, both of Washington.
Married on the 15th inst., by the Rev. Mr. Kemmerer, at her Father’s house, Mr. Jacob Lilly, of Bethlehem tsp., to Miss Anna Malinda Stouf, daughter of Isaac Stout Esq., of Williams township, Northampton county.
Died on the 18th ult., in Saucon, Mr. Andrew Appel, aged about 85 years.
Died on the 17th ult., in Saucon township, Anna wife of Philip Roth, aged about 72 years.
Died on the 5th inst., in Saucon, a daughter of Jacob Rath, aged 11 years.
Died on the 26th of April, of old age in Salsburg township, Elizabeth, consort of the late John Adam Kline, aged 83 years.
Died on the 27th of April, in U. Milford, Mr. Jacob Ritter, aged 20 years.
Died on Wednesday last, in this borough, Jacob Zelner, aged 40 years.
Died on the 12th instant, in South Whitehall, Mr. John Esch, aged 46 years.
Died on the 13th instant, in this borough, Peter William, son of Aaron and Maria Fink, aged 2 years.
Died on the same day, in South Whitehall, of fever, Solomon Hoffman, aged 22 years. The father of this young man died on the 26th of March last.
Died on the 6th inst., in this borough, Franklin Peter, son of John Amig, aged 3 years.
INTERESTING WILL CASE.
The case of Hilyard and others vs. Peter Miller, on a writ of error to the Common Pleas of Northampton county, is now before the Supreme Court of Pa., on a judgment obtained against the plaintiffs, in an action of ejectment brought by Peter Miller, defendant in an error in the Court below, to test the will of the late Peter Miller, of Easton, the defendant’s uncle.
Peter Miller, deceased, by his will gave all the residue of his estate, after some small legacies to trustees, with directions that it should be leased, loaned and invested, so that the income of his estate might form a fund for the purpose mentioned in his will. His purpose is to assist with loans of money on bond and mortgage; at interest, farmers and mechanics who want to purchase farms, or having purchased, want to pay for them, or make improvements in the borough of Easton, or townships adjacent. The estate is to accumulate so long as applications to borrow money continue. By the will it is further directed that if it should so happen, in the laps of time, that the income of the estate fund should accumulate beyond the applications for such loans, and should be likely to remain so, and the amount thus unemployed would safely justify the undertaking, and when mechanics and others may be in want of employment, then an asylum shall be built out of the income of the fund, for the benefit of the poor widow and single woman, and the same be supported and maintained out of the means from said fund.
The heirs at law contends that the will is void in law, because it creates a perpetuity, and if suffered to stand, would be injurious to the public welfare. That nothing is given in charity, or if anything was intended, it is uncertain, both as to the amount of the fund devoted, and the time when it will be applied. That the intention of the testator, which must govern, is at war with every rule of law on the subject of charitable uses. The plaintiffs in error contend that it is a charity, and must stand or fall upon the point, what was the intention of the testator? The estate is worth over three hundred thousand dollars, the whole of which is tied up by this very strange devise. The whole subject of charitable uses and mor????, and the doctrine of perpetuities and law relating to the last wills and testaments will be thoroughly and ably examined by the counsel concerned. A. E. Brown and John Sergeant, Esqs., for plaintiffs in error; M. H. Jones and J. M. Porter, Esqs., for the heir at law.
Contributed by Shirley Pierce
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