E 340 
 .G48 
 G53 
 Copy 1 
 
 WILL 
 
 ..i 
 
 IIENH Y I). G I LIMN 
 
 w i. 
 
 ACCOMPANYING PAPERS RELATING TO THE 
 
 gilpin Library of the historical 
 
 SOCIETY OF PENNSYLVANIA. 
 
 I'lII I. A DELPH] A : 
 
 COLLINS PRINTING HOUSB, ros J vyni: BTREET. 
 
 I B87. 
 
fe 
 
W I L 
 
 ..i 
 
 II ENK V 1). G LLP IX 
 
 AM' 
 
 ACCOMPANYING PAPERS RELATING TO THE 
 
 GILPIN LIBRARY OF THE HISTORICAL 
 
 SOCIETY OF PENNSYLVANIA. 
 
 PHI LA DELPH I \ : 
 
 COLLINS PRINTING HOI SE, 705 JAYNE STREET. 
 
 1**7. 
 

WILL OF 1IL.XKV I) GILPIN. 
 
 The Lasl Will and Testament of limn I). Gilpin, 
 of the dt\ of Philadelphia. 
 
 I revoke every will and testament and instrument 
 in the nature thereof, by me heretofore made; I direct 
 my debts and funeral expenses to he paid. I desin 
 '" l,m ' i,,(1 ;it Laurel Hill Cemetery in my lot of ground 
 there by the side of my father and with a similar tomb- 
 stone, but somewhat smaller. 
 
 • appoint my wife Eliza Gilpin and my friends 
 Charles Macalester and Charles Gilpin the Executors 
 •••ii.l Trustees of this Will and Testament. I give my 
 Executors and Trustees power to sell, dispose of and 
 make any compromises or arrangements in regard I 
 my cstaff. real and personal (my wife assenting) which 
 they consider necessary to carry into effect this will 
 and testament, bul in all such cases the entire amount 
 of principal money that maybe received by them -hall 
 be inv( sted and re-invested at interest in public stocks 
 of the City of Philadelphia, or the State of Pennsyl- 
 vania, and especially in all payments coming to me 
 from my property at Chicago, I request this may be 
 always done in regard to the principal money as it 
 received. I especially desire that the settlement, divis- 
 ion, and all arrangements in regard to my property 
 
real and personal, at Chicago, which I shall possess at 
 the time of my death, whether the same is held by 
 me as Trustee for Charles Macalester and E. W. Clark, 
 or in my own right or for my own share shall be made 
 under the direction of my Executor the said Charles 
 Macalester (he consulting my wife and other executors), 
 but that everything in relation thereto shall be done in 
 strict compliance with the provisions of the Declara- 
 tion of Trust made and executed by and between the 
 said Charles Macalester, Enoch W. Clark and myself 
 on the fifth day of April, A. D. 1853. I have been 
 indebted so much to the kindness and good judgment 
 of my friend Charles Macalester, that I trust and am 
 sure he will continue the same to my wife. I direct 
 that my said Executors and Trustees be not required 
 to give any security for the performance of any duties 
 under this will and testament. 
 
 I give, devise and bequeath to my wife Eliza Gilpin 
 (my gratitude to whom for all her affection no lan- 
 guage can express), the entire income and proceeds of 
 my whole estate real and personal during her life 
 (requesting her, however, to pay therefrom to my 
 dearest mother annually during her life the sum of two 
 .thousand five hundred dollars). I hereby authorize 
 and empower my wife Eliza Gilpin to give, devise and 
 bequeath by any instrument of writing signed before 
 three persons of whom I wish, but do not require, my 
 friend Charles Macalester to be one if he is living, the 
 sum of one hundred thousand dollars of the principal 
 of my estate ; the said power and authority and the 
 said gift, devise and bequest to take effect after her 
 decease and not before. I leave to my wife this dispo- 
 sition of my property instead of expressing any wish 
 
of in\ own, as Bhe i s acquainted with ;ill my wish 
 but these I do doI desire to control her, bul I desire 
 her to exercise her own judgment in regard to the dis- 
 position of this Mini of one hundred thousand dollars 
 in everi respect whatever. I give to her absolutely 
 ;ill in\ furniture of everj description, plate and \\ii 
 except inv books, manuscript and printed, and mi pic- 
 tures, statues and works of art. and of these Bhe i- to 
 have the uncontrolled use and possession during her 
 life. Should m\ doai- mother outlive my wile then I 
 give her during her life tin- income of m\ estate 
 
 I give, devise and bequeath (subject to the last 
 recited gift, devise and bequest to my wife and mother, 
 which I docile to be carried into lull effect) to my Exe- 
 cutors and Trustees above named and anj substitute 
 lor any of them who ma\ ho legally appointed and 
 the survivor of them, their and his heir-, executors 
 and administrators all my estate real and personal in 
 trust lor the following purposes, that is to saj : First, 
 at Mich time as the\ may deem expedient, but within 
 three years after the death of my wife or my mother. 
 whichever shall survive to set aside or convert into 
 money, at their discretion, such portion of my estate 
 real and persona] ;is shall in their opinion he at that 
 time of the value of one hundred thousand dollars 
 and then to pay over or deliver the same to such per- 
 sons as my wife shall by such writing ;is is hereinbefore 
 stated appoint, devise and bequeath. Secondly, if my 
 
 wife shall fail to execute Mich Writing, or the s;une he 
 
 lost or mislaid, or there he any defect in its execution 
 or from any cause it become inoperative (which I par- 
 ticularly desire my dear wife to guard against, it hen 
 my anxious wish that --he shall devise, dispose of. 
 
6 
 
 bequeath and appoint the distribution of the said por- 
 tion of my estate real and personal, which I may leave 
 at the time of my death), or if my wife and mother 
 shall die before me, then in that event I hereby direct 
 my said Executors and Trustees to divide, pay over 
 and deliver at the period aforesaid the said portion of 
 my estate real and personal, but no more, to such of 
 the following persons as shall be then living- and in 
 the following amounts, that is to say to my brother 
 Richard A. Gilpin twenty thousand dollars, to my 
 grandson William S. Johnston twenty thousand dollars, 
 to my sister Elizabeth Maury fifteen thousand dollars, 
 to my sisters Sarah and Mary and to my brother Wil- 
 liam Gilpin ten thousand dollars each ; to my niece 
 Helena Sibley ten thousand dollars, and to my relative 
 and namesake Henry D. Gilpin, Junior, five thousand 
 dollars ; and if any of the said persons shall be dead 
 at the period aforesaid leaving children, the children 
 shall then receive the parent's share, and if leaving no 
 children then his or her share shall be divided equally 
 among the said named persons then surviving. Thirdly, 
 after the death of my dear wife and mother, whichever 
 shall last occur, and after the entire payment and set- 
 tlement of the last-mentioned gift devise and bequest 
 of the said real and personal estate of the value of one 
 hundred thousand dollars (but not before) then, as soon 
 thereafter as may in the opinion of my said Executors 
 and Trustees be expedient to divide, convey, pay over 
 and appropriate the rest and residue of my estate, real 
 and personal, as it then may be, in three equal parts, 
 to wit : 
 
 First, one-third part to the President and eldest Vice- 
 President for the time being of the Historical Society 
 
of Pennsylvania to Richard L Gilpin, Elenrj D. Gil- 
 pin, Junior, Charles Macalester and J. Francis Fisher 
 the survivors and survivor of them, in trusl to he 
 and re-invesl the Bame at interest in public Btock 
 the City of Philadelphia and after a period of ten years 
 (and as much longer as they may deem expedient) 
 then to appropriate the income accumulated up to that 
 time by such investment and re-investment to the en < - 
 tion by themselves or in such manner and plan as thej 
 shall approve, of a fire-proof Librarj building, to b 
 part of a fire-proof Edifice of the said Society, when 
 one shall be erected, but to be in itself fire-proof en- 
 tirely distinct from any other portion of the said edifice, 
 though connected with and forming a part of it. and 
 to be designated "The Gilpin Library of the His- 
 torical Society of Pennsylvania." Afterthesaid Edifice 
 and building shall be entirely completed, then I direct 
 the said last named Trustees and their successors to 
 appropriate annually to the use of the said Gilpin 
 Library the entire income of the said one-third part of 
 the said rest and residue of mj estate and to continue 
 to invest and re-invest the principal of the same in the 
 public stocks aforesaid. 1 authorize thesaid last named 
 Trustees and their successors to make all rules and 
 regulations for the establishment and conduct of the 
 said Library co-operating with and having the assent 
 of the said Historical Societj ; but 1 direct that none 
 of the books or other articles be taken therefrom, but 
 that the same be used (with liberal arrangements) 1>\ 
 Students at the Library. I direct the Executors and 
 Trustees of this Will and Testament to deliver to the 
 said last named Trust es when they shall diem it . \- 
 
 pedient my entire library of hooks and manuscripts 
 
8 
 
 which I may possess at my death to be placed in the 
 
 said Library. 
 
 Second. One other third part of the said rest and 
 residue of my estate real and personal to the President 
 and eldest Director for the time being of the Pennsylva- 
 nia Academy of the Fine Arts and to Richard A. Gilpin, 
 Henry D. Gilpin, Junior, Charles Macalester and J. 
 Francis Fisher, and the survivors and survivor of them 
 in trust to invest and re-invest the same at interest in the 
 public stocks aforesaid and after a period of Ten years 
 (and as much longer as they may deem expedient) then 
 to appropriate the income accumulated up to that time 
 by such investment and re-investment to the erection 
 by themselves or in such manner and plan as they 
 shall approve of a fire-proof Gallery of the Fine Arts to 
 be a part of a fire-proof Edifice of the said Academy 
 when one shall be erected but to be in itself fire-proof 
 entirely distinct from any other portion of the said 
 edifice, though connected with and forming a part of it 
 and to be designated " The Gilpin Gallery of the Penn- 
 sylvania Academy of the Fine Arts." After the said 
 Edifice and building shall be entirely completed then 
 I direct the said last named trustees and their succes- 
 sors to appropriate annually to the use of the said 
 Gilpin Gallery the entire income of the said last-men- 
 tioned one-third part of the said rest and residue of my 
 estate and to continue to invest and re-invest the prin- 
 cipal of the same in the public stocks aforesaid. I 
 authorize the said last named Trustees and their suc- 
 cessors to make all rules and regulations for the conduct 
 and establishment of the said Gallery co-operating 
 with and having the assent of the Board of Directors 
 of the Pennsvlvania Academv of the Fine Arts ; but I 
 
9 
 
 direct that the said lust named Trustee! and their suc- 
 cessors shall always In every year paj over at l< 
 one-half of the said income to artiste in painting, sculp- 
 ture and architecture for the best works, models and 
 designs in their respective branches of art, such pre- 
 miums to be awarded after such public competition as 
 the said last named Trusteesand their successors deem 
 suitable, provided that such work, model or design be 
 absolutely given on the payment or deliven of the 
 premiums to the said •• Gilpin ( taller; of the Pennsyl- 
 vania Academy of the Fine Arts'" t<> be placed and 
 retained therein as the property of the said last named 
 trustees forever. I requesl the Executors and Trustees 
 of this will ami testament to deliver to the said last 
 named Trustees all my pictures, statuary and works of 
 the fine arts which I may possess at my death, includ- 
 ing if she will permit it. my Wile's own Portrait and 
 Statue to be placed in and never to be taken from the 
 said ( iallerv. 
 
 Third. The remaining third part of the said rest 
 and residue of my estate, real and personal, to the 
 President and eldest Vice-president or Director of the 
 Historical Society of Chicago for the time being and 
 to Richard A. Gilpin, Henry I). Gilpin, Junior, and 
 Charles Macalester, of Philadelphia, ami William B. 
 Ogden, of Chicago, and the survivor ami survivors of 
 them in trust to invest and re-invest the same at inter- 
 est in the public stocks of the City of Chicago, and 
 after a period often years (and as much longer as they 
 may deem expedient) then to appropriate the income 
 accumulated up to that time by such investment and 
 re-investment to the erection by themselves or in such 
 manner and plan as tiny shall approve of a fire-proof 
 
10 
 
 Library building to be a part of a fire-proof Edifice 
 of the said Society, when one shall be erected but to 
 be in itself fire-proof entirely distinct from any other 
 portion of the said edifice though connected with and 
 forming a part of it and to be designated " The Gilpin 
 Library of the Historical Society of Chicago." After 
 the said Edifice and building shall be entirely com- 
 pleted then I direct the said last named Trustees and 
 their successors to appropriate annually to the use of 
 the said Gilpin Library the entire income of the said 
 last mentioned third part of the said rest and residue 
 of my estate real and personal and to continue to invest 
 and re-invest the principal of the same in the public 
 stocks last mentioned. I authorize the said last named 
 Trustees and their successors to appropriate annually 
 to the use of the said last mentioned Gilpin Library 
 the entire income of the said one-third part of the said 
 rest and residue of my estate and to continue to invest 
 and re-invest the principal of the same in the public 
 stocks aforesaid. I authorize the said last named 
 Trustees and their successors to make all rules and 
 reoulations for the establishment and conduct of the 
 
 o 
 
 said Library co-operating with and having the assent 
 of the said Historical Society ; but I direct that none 
 of the books or other articles be taken therefrom, but 
 that the same be used (with liberal arrangements) by 
 Students at the Library. 
 
 I authorize a majority of the Trustees and Executors 
 (my wife if living being one) to act for the whole. If 
 a vacancy shall occur in any of the foregoing Trusts, 
 I desire the same to be filled by the remaining Trus- 
 tees of such trust or a majority of them (my wife if 
 living being one) and the same being confirmed by a 
 
1 1 
 
 Court al Philadelphia or Chicago as the case maj be, 
 
 having jurisdiction over the subject. \n\ person who, 
 
 in ili' 1 opinion of a courl of competent jurisdiction 
 
 in Philadelphia or Chicago, as the case maj be, 
 
 (who)shall be interested in the proper management of 
 
 either of the said three last named Trusts may apply 
 
 t<> such court for an examination thereof which such 
 
 Courl ma) in its discretion direct and anj report thereon 
 
 shall be published. The Trustees of each of the three 
 
 last named Trusts shall make to such Courts annually 
 
 and publish a full report of the state of the Trust. 
 
 In all cases where the Trustees of either of the said 
 
 three last named 'Trusts shall confide to any person the 
 
 collection or disbursement of money, they shall first 
 
 receive security in such sum as they deem proper for a 
 
 faithful fulfilment of such undertaking, and indemnity 
 
 against all losses. 
 
 I\ witness whereof, I have herein set my hand and 
 seal to this instrument as my last Will and Testament, 
 written on three pages of paper, each bearing my own 
 signature at Philadelphia tin- Seventeenth day of Jan- 
 uary in the year of our Lord one thousand eight hun- 
 dred and sixty. 
 
 II. 1). GILPIN. [SEAL.] 
 
MEMORANDUM OF AGREEMENT WITH HEIRS. 
 
 Memorandum of Agreement made the seventh day 
 of December in the year of our Lord one thousand 
 eight hundred and seventy-four. Between the sub- 
 scribers the parties interested in the estate which was 
 of Henry D. Gilpin, Esq., deceased, for the distribu- 
 tion thereof and for the settlement of the several 
 questions and controversies between the said parties 
 which have arisen or may arise in relation thereto 
 whether under the last will and testament of the said 
 Henry D. Gilpin or under that of his widow Eliza 
 Gilpin, late deceased. 
 
 It is agreed that Henry D. Gilpin, Junior, and 
 Helena Flournoy, late Helena Sibley shall be paid the 
 legacies of five thousand dollars and ten thousand 
 dollars to them respectively given and appointed to be 
 paid by the will of the said Eliza Gilpin. 
 
 It is also agreed that William S. Johnston shall be 
 paid the two legacies of twenty thousand dollars each 
 given and appointed to be paid him by the last-men- 
 tioned will without regard to the happening of the 
 contingency affecting his right to receive the second 
 
 one. 
 
 The said William S. Johnston shall also be paid in 
 addition to the above mentioned sums sixty per 
 
13 
 
 centum of the legacj often thousand dollars condi- 
 tionally appointed to be paid him by the Baid last 
 mentioned will and rixtj per centum of the residue 
 and remainder of the estate and property devised to 
 the said Eliza Gilpin bj virtue of the will of the said 
 Henry D. Gilpin, to wit, of the sura of seventeen 
 thousand dollars, which residue and remainder was by 
 the will of the said Eliza Gilpin given and appointed 
 to him the said William S. Johnston. 
 
 It is further agreed thai the rector, church wardens, 
 and vestrymen of St. Andrew's Church in the citj of 
 Philadelphia, Eliza Gilpin McLean, Josiah S. John- 
 ston of Kentucky, and William Preston .John-ton 
 shall each be paid sixty per centum of the Legacies of 
 
 one thousand dollars, lour thousand dollars, eight 
 thousand dollar-, and five thousand dollars to them 
 respectively in certain contingencies given and ap- 
 pointed to be paid by the will of the said Eliza < rilpin. 
 
 The Fidelity Insurance. Trust, and Sale Deposit 
 Company of Philadelphia and Isaac Hazlehurst, Es- 
 quire, executors and trustees under the said last will 
 of Eliza Gilpin, deceased, shall be paid the sum of 
 eighteen thousand dollars, being forty per centum ol a 
 certain residue amounting to forty-five thousand dol- 
 lars, which residue was given and appointed by the 
 will of the said Eliza Gilpin in certain contingencies 
 to the said executor- and trustees in trust for the use 
 and benefit in equal part- of the Historical Society of 
 Pennsylvania, the Historical Society of Chii and 
 
 the Pennsylvania Academy of the Fine Art-. 
 
 And the said the Fidelity Insurance, Trust, and 
 Safe Deposit Company of Philadelphia and Isaac 
 Hazlehurst, Esquire, executors and trustees as afor< said, 
 
14 
 
 in the exercise of the discretion given them by the 
 will of the said Eliza Gilpin, hereby agree that the 
 sum of eighteen thousand dollars, being forty per 
 centum of the said residuum of forty-five thousand 
 dollars, shall be awarded and paid to the said three 
 corporations above named in equal parts. 
 
 The commissions of the said executors and trustees 
 in respect to their administration of the fund as to 
 which under the will of the said Henry D. Gilpin the 
 said Eliza Gilpin possessed and by her said will exer- 
 cised a power of appointment, shall be paid out of the 
 general residue of the fund now for distribution. 
 
 Subject to the payment of the several sums above 
 mentioned the whole residue and remainder of the es- 
 tate and property which was of the said Henry D. Gilpin, 
 deceased, whether the same is now or shall hereafter 
 be for distribution as the same now is or shall exist or 
 the proceeds be received shall be equally divided be- 
 tween the heirs and next of kin of the said Henry D. 
 Gilpin and the residuary legatees and devisees under 
 the will of Mrs. Mary Gilpin, deceased, and their re- 
 spective executors, administrators, and assigns as they 
 shall agree among themselves of the one part and the 
 survivors of the trustees severally named in the will 
 of the said Henry D. Gilpin, deceased, for the Histor- 
 ical Society of Pennsylvania, for the Pennsylvania 
 Academy of the Fine Arts, and for the Historical 
 Society of Chicago in equal shares for the uses and 
 trusts set forth in the will of the said Henry D. Gil- 
 pin of the other part. 
 
 All of the powers for the conversion of such part of 
 the estate of the said Henry D. Gilpin, deceased, as 
 
15 
 
 in;i\ be realtj into personalty are hereby confirmed t(» 
 his executors and to the trustees of such realty. 
 
 Ii is further agreed thai each of the payments here- 
 inbefore provided for shall be made subject to the 
 proper deduction for the collateral inheritance tax 
 chargeable thereupon. 
 
 Such of the parties to this agreemenl as are acting 
 in ;i fiduciary capacity with a view to carry it into 
 effect agree to .- * j » i » I > forthwith for the approval and 
 sanction of the proper Court to the compromise now 
 made, bul their execution hereof shall impose no lia- 
 bility upon them unless the proper Court shall confirm 
 and sanction such compromise. 
 
 W hen such approval and sanction shall have been 
 given it is agreed that the auditor appointed by the 
 Court shall make distribution of the estate now in the 
 hands of or hereafter to be received by the surviving 
 executor of the will of the said Henry 1). Gilpin, de- 
 ceased, in accordance with the term- of this aeree- 
 
 lllelit. 
 
 In witness whereof the parties have interchangeably 
 set their hands and seals hereto the day and year first 
 above written. 
 
MODIFICATION OF TRUST. 
 
 To the Honorable the Judges of the Court of Common Pleas 
 No. , for the County of Philadelphia. 
 
 The petition of John William Wallace, President 
 of the Historical Society of Pennsylvania, John Jordan, 
 Jr., eldest Vice-President of the said society, and 
 Richard A. Gilpin, surviving and remaining- trustees 
 for the Gilpin Library of the said society under the 
 last will and testament of the Honorable Henry D. 
 Gilpin, deceased, respectfully represents — 
 
 1. That the said Henry D. Gilpin died in the latter 
 part of the month of January, A. D. 1860, having first 
 made his last will and testament dated the 17th day 
 of January, immediately preceding, and duly proved 
 before the Register of Wills at Philadelphia, on the 
 3d day of February, A. D. 1860. 
 
 2. That in and by his said last will and testament, 
 after appointing his wife, Eliza Gilpin, and his friends, 
 Charles Macalester and Charles Gilpin, executors and 
 trustees thereof, inter alia, he gave, devised, and be- 
 queathed the entire income and proceeds of his whole 
 estate, real and personal, to his said wife during her 
 life, requesting her to pay therefrom to his mother 
 annually during her life the sum of $2,500. 
 
 3. That he further authorized and empowered his 
 
n 
 
 sod wife to give, devise, and bequeath bj ani instru- 
 ment of writing Bigned before three persons the sura of 
 $100,000 of the principal <>f lu> estate, the --;i i< i power 
 and authority, and the Baid gift, devise, and bequest t<> 
 take effect after her decease and no1 before; and he 
 Further provided, that should his mother outlive his 
 wife she Bhould enjo) during her life the incomi 
 lti^ estate. 
 
 I. Subject to the gift, devise, and bequest to his 
 wife and mother, he l::i\<'. devised, and bequeathed t<» 
 his said executors and any substitute for them \\li<> 
 might be legall) appointed, and the survivor <>f them, 
 their, and his heirs, executors, and administrators, all 
 his estate, real and personal, in trust. 
 
 First, That they should at Mich time as they might 
 deem expedient, hut within three years after the death 
 of his wife or mother, whichever should survive, Bet 
 aside or converl into money, at their discretion, such 
 portion of his estate, real and personal, as Bhould in 
 their opinion be at that time of the value of$100,000, 
 and then pay over or deliver the same tn Buch persons 
 as Ins wife should by such writing ;i^ \\;i- thereinbefore 
 stated, appoint, devise, and bequeath. 
 
 Secondly, That if his said wife should fail to es - 
 cute such writing, or the same should he losl or mislaid, 
 ot there Bhould lie any defect in its execution, or from 
 any cause it should become inoperative, or it his wife 
 or mother Bhould die before him. then, in that event, 
 he did thereby direct his said executors and trustees to 
 divide, pay over, and deliver, at the period aforesaid, 
 the said portion of his estate, real and personal, to 
 certain persons in his said will named in the amounts 
 and proportions therein Bet forth; and. 
 
18 
 
 Thirdly, After the death of his wife and mother, 
 whichever should occur last, and after the entire set- 
 tlement and payment of the said gift, devise, and 
 bequest of the real and personal estate of the value of 
 $100,000, and whenever his said executors and trustees 
 should deem it expedient, he further directed his said 
 executors and trustees to divide, convey, pay over, and 
 appropriate the rest and residue of his estate, real and 
 personal, as it then might be in three equal parts, to 
 wit : — 
 
 First, One-third part to the President and eldest 
 Vice-President for the time being of the Historical 
 Society of Pennsylvania, to Richard A. Gilpin, Henry 
 D. Gilpin, Jr., Charles Macalester, and J. Francis 
 Fisher, and the survivor of them in trust, to invest 
 and reinvest the same at interest in the public stocks 
 of the city of Philadelphia, and after a period of ten 
 years (and as much longer as they might deem expe- 
 dient) then to appropriate the income accumulated up 
 to that time by such investment and reinvestment to 
 the erection by themselves, or in such manner and 
 plan as they should approve, of a fire-proof Library, 
 the building to be part of a fire-proof edifice of the 
 said society, when one should be erected, but to be 
 in itself fire-proof, entirely distinct from any other 
 portion of the said edifice though connected with and 
 forming a part of it, and to be designated " The Gilpin 
 Library of the Historical Society of Pennsylvania." 
 
 And the said testator further directed that after the 
 said edifice and building should be entirely completed 
 then the said last named trustees and their successors 
 should appropriate annually to the use of the said 
 Gilpin Library the entire income of the said one-third 
 
19 
 
 part of the Baid rest and residue of his i Btate, and 
 should continue to invest and reinvest the principal oi 
 the same in the public -tucks aforesaid. 
 
 And the said testator further authorized the said 
 lasl named trustees to make all rules and regulations 
 for the establishment and condud of the said Libra 
 co-operating with and having the assent of the said 
 Historical Society, but he directed that none of the 
 books or other articles should be taken therefrom, but 
 that the same Bhould be used with liberal arran - 
 ments 1>\ Btudents at the Library. 
 
 And he further directed the executors and truste 
 of his said lasl will and testament to deliver to the 
 said la-t named trustees, when they should deem expe- 
 dient, his i ait ire library of books and manuscripts which 
 he might possess at his death to be placed in the said 
 
 I librar) . 
 
 Second. One-third part of the said re^t and residue 
 of hi- estate, real and personal, to the President and 
 eldest Director for the time being of the Pennsylvania 
 Academy of the Fine Arts, and to Richard A. Gilpin, 
 Henrj D. Gilpin, Jr., Charles Macalester, and J. 
 Francis Fisher, and the survivors and survivor of them 
 in trust for the special uses and purposes in connection 
 with the said Academy set forth in his said last will 
 and testament with regard to the s ;i i.l last-mentioned 
 
 one-third part of his residuary estate; and 
 
 Third. The remaining third part of the said rest and 
 ,, sidtii of In- estate, real ami personal, t<» the President 
 and eldest Vice-President or Directer of the Historical 
 Societj of Chicago, for the time being, and to Richard 
 A. Gilpin, Henry I ). ( rilpin, Jr., and Charles Macales- 
 ter, of the citj of Philadelphia, and William B. Ogden, 
 
20 
 
 of Chicago, and the survivors or survivor of them in 
 trust for the special uses and purposes in connection 
 with the said Society, set forth in his said last will and 
 testament with regard to the said remaining third part 
 of his residuary estate. 
 
 5. That Mary Gilpin, the mother of the testator, 
 survived him, but died during the lifetime of his wife, 
 the said Eliza Gilpin. 
 
 6. That the said Eliza Gilpin died on the 12th day 
 of February, 1674, having first made and executed her 
 last will and testament dated the 19th day of Septem- 
 ber, 1873, which with a codicil thereto, dated the 22d 
 day of December, 1873, was duly proved at Philadel- 
 phia on the 17th day of February, 1874, wherein and 
 whereby she did in due form execute the power of 
 appointment given her by the will of the said Henry 
 13. Gilpin, deceased, as to the said sum of $100,000 
 therein mentioned. 
 
 7. That the said Charles Macalester and the said 
 J. Francis Fisher, trustees as aforesaid, are now de- 
 ceased, and the said Henry D. Gilpin, Jr., was on his 
 own petition, on the day of May, 1875, by order 
 of the Orphans' Court, discharged from his office as 
 trustee under the will of the said Henry D. Gilpin, 
 deceased, whereby the present petitioners were left 
 surviving and remaining trustees as aforesaid. 
 
 8. That Charles Gilpin, the surviving executor of 
 the will of the said Henry D. Gilpin, deceased, having 
 filed his seventh account of the estate of the said dece- 
 dent, the same was referred to George Junkin, Esq., 
 as auditor, to settle and adjust the same and to report 
 to the Court distribution of the balance in the hands 
 of the said surviving executor. 
 
21 
 
 9. That forasmuch as the lasl will and testament ol 
 the said Henrj D. Gilpin was executed less than one 
 calendar month before his decease, it became doubtful 
 whether the gift, devise, and bequest therein contained 
 of his residuary estate to the Baid trustees for the u 
 and purposes connected with the Historical Society ol 
 Pennsylvania, the Pennsylvania A.cademj of the Fine 
 Arts, and the Historical Societ) of Chicago, resp 
 lively, did not, at least so far as the said residuary 
 estate was al the time of the testator's death subject 
 to the jurisdiction of this Commonwealth, become void 
 and of none effect, and the said residuary estate L. r «> to 
 his next of kin and heirs according to law. And that 
 the said auditor, to whom the accounts were referred 
 ultimately on a collateral issue, decided that the said 
 gift, devise, and bequest to the extent mentioned, did 
 so become void, and the said residuarj estate did so 
 
 10. Wherefore all of the parties interested in the 
 estate which was of the said Henry D. Gilpin, de- 
 ceased, did, on tli.' 7th daj of December, L 874, enter 
 into an agreement for trie distribution thereof, and for 
 the settlement of the several questions and controver- 
 
 a which had arisen or might arise between them in 
 relation thereto, whether under the last will and n 
 in, Mit of the said Henry 1). Gilpin, or under that of his 
 widow, the said Eliza Gilpin, then deceased, which 
 agreement, so far as concerned the parties thereto who 
 acted in a fiduciary capacity, was afterwards, on the 
 petition of the said parties, to wit. on the da\ ol 
 . 1875, duly ai>|>r<>\ed and -auctioned by 
 
 tli.' Orphans' Court for the County of Philadelphia, in 
 conformity with the |»m\iM<>iiN thereof. 
 
 1 1. That by the terms of the -aid agreement it was 
 
22 
 
 provided, among other things, that the whole residuary 
 estate of the said Henry D. Gilpin, whether the same 
 was then or should be thereafter for distribution as the 
 same then was or should exist, or the proceeds be 
 received, was to be equally divided between the heirs 
 and next of kin of the said Henry D. Gilpin and the 
 residuary legatees and devisees under the will of Mrs. 
 Mary Gilpin, then deceased, and their respective exe- 
 cutors, administrators, and assigns, as they should 
 agree among themselves, of the one part, and the sur- 
 vivors of the trustees severally named in the will of 
 the said Henry D. Gilpin for the Historical Society of 
 Pennsylvania, for the Pennsylvania Academy of the 
 Fine Arts, and for the Historical Society of Chicago, 
 in equal shares for the uses and trusts set forth in the 
 will of the said Henry D. Gilpin, of the other part. 
 
 12. That the said auditor made distribution of the 
 estate of the said Henry D. Gilpin, so far as the same 
 was embraced in the accounts referred to him, in 
 accordance with the provisions of the said agreement, 
 and filed his report on the said account on the 8th 
 day of May, 1875, and the same was duly confirmed 
 by the Orphans' Court on the 22d day of the same 
 month and year. 
 
 13. By this report the sum of $29,552.22 was 
 awarded to J. W. Wallace and others, trustees as 
 aforesaid for the Gilpin Library of the Historical 
 Society of Pennsylvania. This sum, with the further 
 sum of about $30,000 to be hereafter received by the 
 petitioners as their proportion of the unadministered 
 estate of the testator, will, after the deduction of the 
 proper charges for the execution of the trust, form the 
 corpus of the trust estate confided to their care and 
 
applicable t<> the uses and purpoa el forth with 
 regard thereto in his last will and testament, 
 
 II. Your petitioners further Bhon to th< I i irl 
 thai the Baid Library, consisting of aboul 17,000 
 volumes, still remains undisposed of in the hands ol 
 the said surviving executor, ftnd that one-sixth of the 
 same, in specie or in value, will, under the said agri - 
 ment, come to your petitioners in the due course of the 
 administration of the estate of the decedent. 
 
 15. That the said testator, though he attached greal 
 ;n id peculiar value to his collection of books and manu- 
 scripts, did not in hi-- said will make anj provision 
 whatever for its preservation, use, or accretion, during 
 the time prescribed for the accumulation of the income 
 of the trust estate, * >r during that afterwards necessary 
 for the erection of the fire-proof edifice to be built with 
 the results of such accumulation. 
 
 lii. And your petitioners further saythat the Histo- 
 rical Society nf Pennsylvania now- occupies, under lease 
 from the Managers of the Pennsylvania Hospital, a 
 building on the south side of Spruce Street between 
 Eighth and Ninth Streets, in this city, which is well 
 suited for its purposes and sufficient for its accommo- 
 dation as well as for thai of the Trustees of the Gilpin 
 Librar) of the said society, but which is not fire-proof. 
 
 17. That the said society does nut own an\ fire- 
 proof edifice, nor ; ( s your petitioners are advised has it 
 nor is it likely to have lor a long time to come, a time 
 much longer than ten years, either the intention 
 ability to build one wherewith thai contemplated by 
 the will of the testator may lie connected, or of which 
 it shall form part. 
 
 And that it is whollv uncertain win thei or not the 
 
24 
 
 said society, even if it should at a future time erect 
 such an edifice, will then consent to the connection 
 therewith of a fire-proof building- for the use of the 
 Gilpin Library on terms satisfactory to the trustees 
 therefor for the time being'. 
 
 Or if it should be willing- to do so whether or not it 
 would co-operate with the said trustees in the making 
 of rules and regulations for the establishment and 
 conduct of the said Library. 
 
 18. Your petitioners further say, that by reason of 
 the failure of the provisions made by the testator for 
 tlie charity to the extent of one-half the capital value 
 thereof, the construction of a fire-proof edifice for the 
 Gilpin Library, from accumulation- of the income of 
 the trust funds, in connection with one to be erected 
 by the said Historical Society, would be postponed, 
 under any circumstances, for a very much longer time 
 than the term of ten years contemplated by the testator. 
 
 19. Your petitioners further suggest to the Court, 
 that it is plainly apparent from the foregoing recital, 
 that the particular modes pointed out by the will of 
 the testator, for the execution of the said trusts, are 
 impracticable, uncertain-, and inadequate to the carry- 
 ing out of the same, according to the general intent 
 and scope thereof. 
 
 20. Your petitioners therefore, in order that they 
 may safely and properly discharge their duties as 
 trustees, and that the charity intrusted to their care 
 may not fail, but be carried out as far as possible ac- 
 cording to the design of the testator, pray the advice 
 and direction of the Court as a Chancellor in the 
 premises, and ask that they may be decreed authority 
 to enter into an agreement with the said Historical 
 
Societj of Pennsylvania for the leasing "I such p 
 of the presenl or anj future hall of tin said S 
 as the) maj deem expedient for the use <•! the said 
 Gilpin Library, on Buch terms as ma) be mutualh 
 agreed on. mid thai the) ma) have leave to appl) 
 much "I" the income of the trust estate as may be 
 necessar) to the payment <>f the rent therefor, and to 
 appropriate the remainder <»t" the said income to the 
 use of the said Gilpin Library, according t<> the direc- 
 tions of the \\ ill of the said testator. 
 
 JOHN w M. w ALL \( I . 
 JOHN JORD W Jr., 
 
 RICH \1M> \. GILPIN, 
 
 Tru$U < . 
 
 And now, t<> wit. October 28, l s "d>. decree made 
 in tin- following word- to wit : — 
 
 In the mutter of the petition of John William 
 Wallace, President of the Historical Society of Penn- 
 sylvania, John Jordan, Jr., eldesl Vice-President of 
 the said Society, and Richard \.. Gilpin, Trustees for 
 the Gilpin Library of the said Society. 
 
 \nd now, October 28, 1876, the foregoing petition 
 and report of the Master thereupon, with the evidence 
 in the case, having been road and duly considered, it 
 is ordered, adjudged, and decreed that the Baid report 
 be confirmed, and it is now confirmed accordingly. 
 
 \nd it is further ordered, adjudged, and decreed — 
 
 First. That the Trustees of the Gilpin Library are 
 hereby authorized to enter into an agreement with 
 
26 
 
 the Historical Society of Pennsylvania, for leasing; 
 such part of the present or any future building occu- 
 pied by the said Society, as they may deem expedient 
 for the use of the Gilpin Library of the Historical 
 Society of Pennsylvania, on such terms as they may 
 be mutually agreed on. 
 
 Secondly. That the Trustees of the Gilpin Library 
 have leave to apply so much of the income of the 
 trust estate as may be necessary to the payment there- 
 of, and 
 
 Thirdly. To appropriate the remainder of the said 
 income to the use of the said Gilpin Library according 
 to the directions of the will of the said decedent, which 
 are subsequent to those relating to the accumulation 
 of the fund and the erection of a fire-proof library 
 building with the proceeds thereof, including the pro- 
 per fitting up and care of the library room, the pur- 
 chasing of books, the binding of the same when neces- 
 sary to be done, and the employment of a proper 
 person as Librarian, at a salary to be fixed upon by 
 the Trustees, and 
 
 Fourthly. That they shall have leave to apply to 
 ' the Court for any further directions in case they should 
 desire the same. 
 
 JOSEPH ALLISON. 
 
LIBRAE OF ǣȣS 
 
 TO 838 629 2