Judge To Decide Gift Fund Fate

Whether a $78.000 fund arising from a provision of the late Mrs.

Elizabeth B. White’s will should be used for a statute to Robert E. Lee, as she planned, or should be put to come other use was placed today in the hands of Judge William L.

Henderson for decision.

Alternative uses for the fund are creation of a public park in the Lake Roland area and, in case the trust gift should be held void for any reason, the possibility that the money might go back into the estate. In that event heavy State and Federal taxes would be collect-able.

Petition Filed

The case is before the Circuit Court on a petition which points out that in view of the J. Henry Ferguson gift of $100,000 for a joint equestrian statue to Lee and Stonewall Jackson, which is to be placed in Wyman Park after the war, an additional equestrian statue to Lee would be superfluous.

Robert Garrett, great nephew of Mrs. White and executor of her estate, filed the petition proposing that the fund be used for a park instead of a statue. He is represented by Philip B. Perlman, attorney. Mr. Garrett pointed out that when Mrs. White died in 1917 her will directed that her home at 12 East Mount Vernon Place be sold to provide funds for the statue. which she wished placed in Druid Hill Park. The sale brought only $18,000, which was deemed to be insufficient for the purpose, but through investment the sum has now grown to $78,000.

Doubt as to the propriety of altering the use of Mrs. White’s gift has been raised by Arthur W. Machen, a Baltimore attorney, who is appearing in the case as amicus curiae, friend of the court. The city is represented in the proceedings by Deputy Solicitor Morris A. Baker.