USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. IX > Part 60
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117
During the last year the following gentlemen have become life members:
ANTHONY FINLEY,
M. D. LEWIS,
THOMAS SCATTERGOOD, J. J. KATES,
ROBERT HOARE, MICHAEL KATES,
WM. B. FLING,
C. M. EAKIN,
RUDOLPH DIETZ, W. J. YOUNG.
The Board have not overlooked the necessity of con- tinuing the salutary measures adopted by their predeces- sors for the reduction of the heavy debt incurred in the erection of their hall; and besides paying all dividends that were claimed to the amount of $1515, they have added the sum of $1053 58 to the sinking fund, which now amounts to $7398 81, reducing the debt to the stockholders to $26,601 19.
All of which is respectfully submitted, by
(Signed, )
M. D. LEWIS,
Chairman.
WILLIAM HAMILTON, Actuary. Philadelphia, January 18th, 1832.
FIRST ANNUAL REPORT
OF THE PHILADELPHIA INSTITUTE.
Patrons and Friends,
It is now one year since the Philadelphia Institute was organized, and by the sixth article of the constitu- tion it is made the duty of the board of directors to re- port annually their proceedings, and the condition of the Institute.
The first meeting of the directors was held on the 6th January, 1831; when, after carefully considering the objects committed to their care, they elected a mis- aionary and general agent, at a salary of $800 per annum, in order to render their plans more efficient. The person selected was the Rev. A Judson-a gentleman well known to the Christian public for his devotedness to the interests of Sunday schools, and especially as the author of the Sunday School Scripture Questions.
The general agent entered immediately on the duties of his appointment, and established such meetings among the young men as were calculated to make them better acquainted with their duty towards God, and render them more useful members of society. These meetings have been unremittingly attended by the general agent, except during the warm weather, when the attendance of the young men decreased, and at the suggestion of the general agent, they were sus- pended for a short period. The number of young men
attending these meetings was at no tiene so large as was desired-but notwithstanding the limited number which did attend, it is believed that incalculable blessings have attended this part of his labours among them. A num- ber have become hopefully pious, and many more have connected themselves with temperance and other asso- ciations calculated to improve their own, and the cha- racters and condition of those with whom they are con- nected. At the close of the month of November, the general agent retired from the service of the Institute, with the most friendly feelings and best wishes of the board, to enter upon another extensive field of useful- ness, in the neighbourhood of the city. The Sabbath lectures are still continued, and depend exclusively upon such supplies as can be obtained. The board, however, are anxiously engaged in looking for a person with suitable qualifications for interesting young men; persuaded, as they are, that much of the success of the Sunday lectures will depend upon the peculiar tact and qualifications of the lecturer. To the authorities of the Second Presbyterian Church, the Institute is greatly in- debted for the gratuitous use of their best room in Cherry above Fifth street, for our Sabbath lectures.
Shortly after the organization of the board, the pro- ject was started, and after mature.deliberation carried into effect, for establishing a reading room exclusively for the benefit of young men between the ages of four- teen and twenty-one years. It was believed by the board, that very many apprentices, who, if they were desirous of improvement, and had access to books, pos- sessed no comfortable accommodations for reading; and were thus forced into associations which under other circumstances they would have avoided. The board felt that the project was one of considerable dif- ficulty, and required no ordinary prudence to render it unobjectionable and successful. The spacious and cen- tral room on the second floor of the lecture room in Cherry above Fifth street was rented, at the rate of $150 per annum, and suitably furnished to render it both attractive and comfortable. The whole expense of furnishing was $380 16. The board take pleasure in acknowledging the liberal donations in books, made by many of our eminent booksellers and publishers, and also by private individuals to whom the subject was presented and explained; and they feel that it is due to the patrons and interests of the Institute, to name indi- vidually the donors who, by their contributions in mo- ney, books, papers, and periodicals, approve so un- equivocally of our objects.
The Institute is now furnished gratuitously by the dif- ferent publishers, with nearly all the daily city journals, and some very interesting monthly and quarterly period- icals. Nor have the interests of the reading room suf- fered for want of papers published out of the city. Beside those received gratuitously from other cities, and sent by their publishers, the kindness of a publish- er here, (Doctor Porter) places at our disposal an ex- tensive variety of respectable exchange papers. To all we tender our unfeigned thanks.
'The number of volumes upon our shelves, and among them some very valuable works, is 607, and of daily and weekly papers upon our tables, including those published out of the city, is 29, and monthly and quarterly periodicals 7. But two journals are paid for; one published in New York, and the other in Bos- ton.
The terms of admission to the young men are, it is believed, extremely liberal; being but fifty cents a year, and a careful observance of the rules of the reading room.
It was thought that unless some subscription or an- nual payment was exacted, a sufficient interest would not be felt in it by those for whom it. was established, and could any other more liberal mode be adopted which will produce the desired result, the present terms of admission will be abandoned, to give place to those of a more liberal cast. The room is under the care of
1832.]
REPORT OF THE PHILADELPHIA INSTITUTE.
213
a librarian, and is open every evening except Sunday and Wednesday evenings, until half past nine o'clock. The librarian, who is a gentleman of amiable disposition and manners, is employed at a salary of $150 per annum, and is required to spend his evenings at the room when open. It is gratifying to be able to state, that the con- duct of the young men attending the reading room is such as to meet the entire approbation of the board. The number of names upon our books as members, is 247. The greater part of them entered immediately after the establishment of the room, and many no doubt en- tered from motives of curiosity. The number who are now present at one time might be increased without in- convenience.
In addition to the means already noticed, gratuitous lectures on scientific subjects adapted to the capacities of young men, with experiments, have been delivered once a week, on Thursday evening. The interest taken in these lectures is very encouraging. The number de- sirous of attending, made it necessary to admit them by ticket, limiting the number to 400. Their conduct is respectful and highly commendable; and many doubt- less have acquired a taste for such pursuits and studies, ns will greatly improve their characters, and render them more useful in the various spheres in life in which they will be soon called to act.
Beside the immediate service which the board was enabled to render, the Institute is greatly indebted to the kindness of two distinguished gentlemen, (Dr. J. K. Mitchell, and Franklin Peale, Esq. ) for aid in their endeavours to interest and instruct the young men who have availed themselves of the advantages which the Philadelphia Institute affords.
By the report of our treasurer, it will be seen that we must again commit our cause to the benevolence of those who are alive to the immense importance of train- ing up and giving to the minds of our youth a proper direction, particularly when we remember that that portion for which the Philadelphia Institute was esta- blished, will soon become active members of society, and give it complexion and influence corresponding in a great degree with the intellectual and moral training which they have received.
A. Martin in Account with the Philadelphia Institute.
DR.
To M. Newkirk's subscription,
$100 00
Samuel Richards,
100 00
Richard Ashhurst,
20 00
William M'Kce,
20 00
Hilger, Wicht & Co.
20 00
Tobias Wagner,
20 00
1. Ashmead, sundries,
9 31
Matthew L. Bevan,
20 00
Nov. 18,
A. Judson, 100 00
68 50
Garret Newkirk,
10 00
J. & J. Pogue,
5 00
L. Finlow,
20 00
Cash, J. S.
5 00
Francis Hoskins,
5 00
Henry F. Heberton,
5 00
William White,
5 00
Dulles, Wilcox & Welch, -
5 00
Total,
$1199 25
Philadelphia, Jan. 9, 1832.
-
THE FOLLOWING IS THE LIST OF DONFAS TO THE PHILA- DELPRIA INSTITUTE, FOR THE YEAR 1831, IN BOOKS.
J. G. Auner,
15 vols.
A. Claxton,
6
U. Hunt,
1
L. Johnson,
9
May 30, Thomas Fassitt,
20 00
J. Kay, jr.
3
A. Martin,
20 00
F. W. Porter,
1
1'. Lesley
5 00
W'm. F. Geddes,
3
Wm. Stavcly,
2 00
By a Friend,
2
Aug. 28, Young Men,
Sep. 27, J. N. Dickson, 20 00
Wm. Cunningham,
20 00
George Handy, 20 00
29, J. 1'. Schott, -
10 00
James Peters,
10 00
Oct. 4, D. Smith, Jr. -
5 00
R. S. Smith,
2 00
II. M. Society of Fifth Presby -? terian Church,
100 00
¥
James Fassitt,
20 00
John Kern,
5 00
Charles Bird,
20 00
23, John Weigand,
20 00
25, I. Ashmead,
20 00
Samuel Lloyd,
20 00
Thomas Elmes,
20 00
Thomas Latimer,
20 00
20, R. Earp,
10 00
J. B. Stryker,
10 00
.€ Jacob and John Thomas,
10 00
= R. Ilertson,
10 00
Dec. 1, S. Comly,
20 00
5, James Gray,
10 00
" 16, J. C. Pechin,
20 00
24, G. W. M'Clelland,
10 00
Jesse Smith,
5 00
" 26, A. M.
5 00
27, T. C. Rockhill,
20 00
R. Ralston,
20 00
31, J. Lex, -
20 00
Paul Beck,
50 00
J. Boyle
20 00
Total,
$1199 25
.
1831, March 9, By A. Judson, (salary) 200 00 -
14, P. P. Anderson, 20 00 -
A. Finley, for maps,
11 00
16, Blight & Co. for coal,
9 00
J. & W. Ewing, for lead,
4 41
A. Martin, sundries, 12 50
J. & B. Orne, for cloth,
27 00
J. A. Stewart, for chairs, 30 00
Wetherill, for paints, 6 47
April 9, M. Garnet, carpenter,
128 15
John & G. Wise, for painting,
24 30
M. Newkirk, for carpet, 59 86
C. Cornelius, for lamps, 50 00
Tickets and wood,
4 25
Sep.
3, W. Bowers, -
42 25
Oct. 1,
L. Finlow,
96 50
A. Judson,
150 00
« 26, G. M.& W. Snider, for printing,
8 00
Lewis Brown,
20 00
Dec. 27,
R. Shepperd,
5 92
29,
J. Harned, for sundries, 2 12
M. Dodd, 4 50
Balance, 105 21
James Dunlap,
5 00
Cash, A. V.
5 00
Ferdinand Ileiskell,
5 00
Daniel fleberton, 5 00
1831, Feb. 17, Thomas Earp,
20 00
March, Young Men, -
36 50
Thomas Wattson,
5 00
20 00
April 6, John Steele, - " 12, Alex Henry,
100 00
18 75
A. G. Coffin,
3
CR.
Rent of reading room,
214
SECOND REPORT ON THE CODE OF PENNSYLVANIA.
[APRIL
L. Dobelbower, -
1vols.
Wm. B. Davidson,
2
"
VI. In what manner a written will shall be made and proved.
" VII. Under what circumstances a nuncupative will may be good.
" VIII. Proviso for the case of mariners and soldiers. IX. Words of perpetuity not to be necessary in devises of real estate.
X. After acquired property to pass by a gener- al devise.
" XI. Devise by husband to wife, to be in lieu of dower.
Rev. Dr. Ely,
3
William Stavely,
2
Miss M. North,
1
Peter Kendel,
2
Charles Bird,
36
P. D. Stillman,
6
Henry Bill,
100
By Individuals,
181
Jedediah Howe,
21
Total,
607
NAMES OF DONEHS OF PERIODICALS. '
Jesper Harding,
1 daily,
Philadelphia.
Chandler & Loughead, 1 daily,
do.
C. Alexander,
1 daily,
do.
S. Smith,
1 daily,
do.
Peter Hay & Co.
1 daily,
do.
Wm. F. Geddes,
1 weekly,
do.
Jesper Harding,
2 weekly,
do.
A. S. S. Union,
1 weekly,
do.
Russell & Martien,
1 weekly,
do.
S. C. Atkinson,
1 weekly,
do.
R. Smith,
1 weekly,
do.
Dr. H. H. Porter,
6 weekly,
do.
W. T. Brantley, D. D. 1 weekly,
do.
N. C. Saxton,
1 weekly,
New York.
Henry Welch,
1 weekly,
Harrisburg, P.
H. K. Stockton,
1 weekly,
Boston.
L. G. Hoffman,
1 weekly,
Albany, N. Y
N. Whitney,
1 weekly,
New Haven.
S. Hanmer, jr.
1 weekly,
Hartford, Ct.
Joseph Justice,
1 weekly,
Trenton.
J. C. Rudd, D. D. Miller & Brewster, E. Littell,
1 monthly,
Philadelphia. do.
Franklin Institute,
1 monthly,
1 semi-monthly,
Boston.
Russell & Martien,
1 monthly,
Princeton.
Carey & Lca,
Do.
1 Encyclopedia Am. do.
1 Library Ent. Knowl. do.
PAID FOR.
Hale & Hallock,
1 daily,
New York.
J. T. Buckingham,
1 semi-weekly,
Boston.
SECOND REPORT
OF THE COMMISSIONERS APPOINTED TO REVISE THE
CODE OF PENNSYLVANIA. (Continued from page 197.)
A BILL RELATING TO LAST WILLS AND TESTAMENTS. Contents of the Act relating to last Wills and Testaments. Section I. Who may make a will of real or personal estate.
II. In what cases a married woman may make a will.
III. At what age a will may be made.
1V. A father may appoint a testamentary guar- dian.
Section V. A widow or other tenant for life, may be- queath crops, &c.
Russell & Martien,
2
Mathew Carey,
2
John C. Pechin, -
3
M'Carty & Davis,
10
Anthony Finley, John B. Scull,
1
John Grigg,
34
E. Littell,
4
Isaac Collins,
43
A. S. S. Union,
104
By a Friend,
2
XII. Devise or legacy not to lapse by death of a lineal descendant.
" XIII. Express revocation of wills of real estate.
" XIV. Express revocation of wills of personal estate.
XV. Marriage or birth of children to revoke the will of a man.
" XVI. Marriage ofa woman to revoke her will.
" XVII. Proviso for the case of a testator, whose do- micil is out of the state.
Section I. Every person of a sound mind, (married women excepted) may dispose by will of his or her real estate, whether such estate be held in fee simple, or for the life or lives of any other person or persons, and whether in severalty, joint tenancy, or common; and also of his or her personal estate.
Section II. Provided, that a married woman may, un- der a power legally created for the purpose, dispose of her real or personal estate, by will or appointment in nature of a will, and that any married woman may, with the' assent or license of her husband, dispose of her personal estate by will.
Section III. And provided also, that no will disposing of real and personal estate, or of real estate alone, shall be effectual, unless the testator were at the time of ma- king the same, of the age of twenty-one years or up- wards; nor shall any will disposing of personal estate alone, be effectual, unless the testator were at the time of making the same, of the age ofeighteen years or up- wards.
Section IV. Every person competent to devise real estate as aforesaid, being the father of any minor child unmarried, may devise the custody of such child, du- ring his or her minority, or for any shorter period.
Section V. The emblements or crops growing on lands held by a widow in dower, or by any other tenant for life, may be disposed of by will as other personal estate: also, rents and other periodical payments, ac- cruing to any such tenant for life, or to any other per- son entitled under the laws of this commonwealth re- gulating the descent and partition of real estate, may so far as the same may have accrued on the day of the death of such tenant for life, or other person, be disposed of by will in like manner.
Section VI. Every will shall be in writing, and, un- less the person making the same shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his pre- sence, and by his express direction; and in all cases shall be proved before the register having jurisdiction thereof, by the oaths or affirmations of two or more competent witnesses; otherwise such will shall be of no effect.
Section VII. Provided, that personal estate may be bequeathed by a nuncupative will, under the following restrictions:
1. Such will shall in all cases be made during the last sickness of the testator, and in the house of his habita- tion or dwelling, or where he has resided for the space of ten days, or more next before the making of such will, except where such person shall be surpris- ed by sickness, being from his own house, and shall die before returning thereto.
L. H. Sigourney,
-1 weekly,
do.
1 weekly,
Auburn, N. Y.
1 weekly,
N. Hampshire.
Kimble & Johnson,
1 Am. Quarterly, Philadelphia,
Carey & Hart,
4
215
SECOND REPORT ON THE CODE OF PENNSYLVANIA.
1832.]
2. Where the sum or value bequeathed shall exceed one hundred dollars, it shall be proved that the testa- tor, at the time of pronouncing the bequest, did bid
- the person present, or some of them, to bear witness that such was his will, or to that effect.
And in all cases, the foregoing requisites shall be proved by two or more witnesses; who were present at the making of such will.
Section VIII. Provided, that notwithstanding this act, any mariner being at sea, or any soldier being in actu- al military service, may dispose of his moveables, wages, and personal estate, as he might have done before the making this act.
Section IX. All devises of real estate shall pass the whole estate of the testator in the premises devised, al- though there be no words of inheritance, or of perpetu- ty, unless it appear by a devise over, or by words of li- mitation or otherwise, in the will, that the testator in- tended to devise a less estate.
Section X. Real estate acquired by a testator after making his will, shall pass by a general devise, unless a contrary intention be manifest on the face of the will.
Section XI. A devise or bequest by a husband to his wife, of any portion of his estate or property, shall be deemed and taken to be in lieu and bar of her dower, in the estate of such testator, in like manner as if it were so expressed in the will, unless such testator shall in his will declare otherwise: Provided, That nothing herein contained shall deprive the widow of her choice, either of dower or of the estate or property so devised or bequeathed.
Section XII. No devise or legacy in favor of a child, or other lineal descendant ofany testator, shall be deem- ed or held to lapse or become void by reason of the de- cease of such devisee or legatee in the lifetime of the testator, if such devisee or legatee shall leave issue surviving the testator; but such devise or legacy shall be good and available in favor of such surviving issue, with like effect as if such devisee or legatee had surviv- ed the testator, saving always to every testator the right to direct otherwise.
Section XIII. No will in writing concerning any real estate, shall be repealed, nor shall any devise or direc- tion therein be altered, otherwise than by some other will or codicil in writing, or other writing declaring the same, executed and proved in the same manner as is hereinbefore provided, or by burning, cancelling or ob- literating or destroying the same by the testator himself, or by some one in his presence, and by his express di- rections.
Section XIV. And no will in writing, concerning any personal estate, shall be repealed, nor shall any bequest or direction therein be altered, otherwise than as is hereinbefore provided in the case of real estate, except by a nuncupative will, made under the circumstances aforesaid, and also committed to writing in the lifetime of the testator, and after the writing thereof read to or by him, and allowed by him, and proved to be so done by two or more witnesses.
Section XV. When any person shall make his last will and testament, and afterwards shall marry or have a child or children not provided for in such will, and die, leaving a widow and chill, or either a widow or child or children, although such chikl or children be born after the death oftheir father, every such person, so far as shall regard the widow or child or children, after born, shall be deemed and construed to die intestate; and such widow, child or children, shall be entitled to such' purports, shares and dividends of the estate, real and personal, of the deceased, as if he had actually died without any will.
Section XVI. A will executed by a single woman shall be deemed revoked by her subsequent marriage, and shall not be revived by the death of her husband.
REMARKS UPON THE BILL RELATING TO LAST WILLS AND TESTAMENTS.
The act of Assembly now in force upon the subject of the execution and proof of wills and testaments, is one of the most ancient in our statute book, having been passed in the year 1705. At that early day there were few persons familiar with legal instruments, and it was, perhaps, supposed by the Legislature, that the English law required the accompaniment of more forms in the execution of a will, than was necessary for the protec- tion of the public against frauds and perjuries. That the framers of the act of 1705, had before them the En- glish statute of the 29th Charles 2d, chapter 3d, is ob- vious, since the 3d, 4th, 5th, 6th and 7th sections of that act, are almost word for word the same with the 19th, 20th, 21st, 22d and 23d sections of the statute. The 5th and 6th sections of the statute, however, which direct the forms of execution and revocation of wills of lands, were omitted by our Legislature; and it cannot be de- nied, even by those who are the least disposed to alter- ation in the laws of property, that the act of 1705 is am- biguously worded, and unskilfully put together; and that it has, consequently, given rise to frequent and ex- tensive litigation. Besides the looseness of the provi- sions respecting the execution and proof of wills gene- rally, whether made in this state or elsewhere, which we shall remark upon hereafter, we may observe that the second section is so obscure in its language and ob- ject, as never, so far as we can learn, to have received any satisfactory construction or application; and in con- sequence of the 22d section of the statute of 29th Charles 2d, having been transferred exactly as it was found there, into the 6th section of the act of 1705, without adverting to the circumstance that the 6th section of the statute had not been re-enacted, it so happens that the Legislature provided against the repeal of wills of personal property by word of mouth, without any allu- sion to the repeal of wills of real estate. This omission has been the cause of several controversies which are reported in our books, and has compelled the courts rather to consult what they supposed was the design of the Legislature, than to adopt a literal construction of the act.
In the bill now submitted, we have endcavored not only to simplify and render clear the provisions of the present law, but to guard against doubts and difficulties that may arise hereafter upon points not heretofore the subject of legislative enactment.
The first five sections are intended concisely to de- scribe who shall have power to execute wills of real and personal estate, and also to specify what may be the subjects of a devise or bequest. In the enumeration and restriction of the persons who may become testa- tors, we have followed the generally received doctrines of the common law and equity, with this exception, that the power of making a will of personal property is confined to persons of the age of eighteen years and upwards. It appears to us expedient for the Legisla- ture to settle, in explicit terms, a question upon this sub ject, which has been much debated; some writers hold- ing that a will by an infant of the age of four years may be good, and others contending for different periods. Looking at the general capacity of minors and the le- gislation of other states upon the subject, it appears to us that the age of eighteen years may be safely taken as one of general competency for the purpose.
In the provision in the first section, that estates held for the lives of other persons may be devised, we have copied the British statute of 29th Charles 2d, chapter 3d, section 12; and we have followed the act of Assem- bly of 31st March, 1812, in providing that the interest of a joint tenant shall pass by a devise.
The fourth section, which authorizes a father to ap- point by will a guardian to his minor children, contains the substance of the 8th section of the statute 12th
Section XVII. Provided, that nothing in this act contained shall be construed to apply to the disposition of personal estate by a testator, whose domicil is out of |Charles 2d chap. XXIV. so far as it is applicable to this commonwealth.
-
216
SECOND REPORT ON THE CODE OF PENNSYLVANIA.
[APRIL
this country, with this alteration, that the power is con- fined to persons of full age. It appears to us inconsist- ent with our system of law in general, as well as with reason and convenience, to intrust the appointment of the guardian of an infant to one who is himself under age.
In the fifth section we have incorporated a part of the British statute of 20th, Henry III. chapter 2d, authoriz- ing widows to bequeath the crop of their lands; and we have added a power to all tenants for life, to bequeath the rents, or other periodical payments accruing to them, to the time of their death; the propriety of which we conceived to be apparent.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.