353 



tees, when they shall deem it expedient, his entire library of books 

 and manuscripts which he may possess at his death, to be placed in 

 that Library. 



The second of the one-third parts of the rest and residue he be- 

 queaths in a manner similar to the first, for the erection of a fire-proof 

 gallery of the Fine Arts, to be a part of a fire-proof edifice of the 

 Academy, when one shall be erected, but to be entirely distinct, 

 though connected with and forming a part of it ; to be designated 

 '^ The Gilpin Gallery of the Pennsylvania Academy of the Fine 

 Arts." After the building and edifice shall be entirely completed, 

 the entire income of this one-third to be annually appropriated to the 

 use of the Gilpin Gallery, and the principal to continue to be invested 

 and reinvested. He also requests the executors and trustees of his 

 will to deliver to the trustees of the Gilpin Gallery all his pictures, 

 statuary, and works of the fine arts, which he may possess at his 

 death, including, if she will permit it, his wife's own portrait and 

 statue, to be placed in and never to be taken from the Gallery. The 

 remaining third-part of the rest and residue he bequeaths in a similar 

 manner to the others, for the erection of a fire-proof library building, 

 to be a part of a fire-proof edifice of the Historical Society of Chicago; 

 to be designated ^' The Gilpin Library of the Historical Society of 

 Chicago." After the edifice and building shall be completed, the 

 entire income of this one-third to be appropriated to the use of this 

 Gilpin Library, and the principal to continue to be invested and 

 reinvested. 



These principal items of the will have thus been set forth as cha- 

 racteristic marks of the taste and tendencies of the testator. His 

 preference for books and works of art was habitual, and it was clearly 

 manifested in his own collections, consisting of a large private library, 

 and of marble statuary, which he had imported from Italy, and other 

 productions of the same character. The above description of the 

 legacies will serve also to furnish means of judging how far the 

 danger may or may not be imminent of failure and disappointment 

 in the expected fruits of benevolence and public spirit, from a correct 

 interpretation of the Act of Assembly of Pennsylvania, which has 

 been alluded to. In the event of such failure, these bounties would 

 become subject to distribution according to law, without any guide 

 from the will of the testator, as it contains no ultimate residuary 

 clause, or other provision against contingencies. Could this possi- 

 bility of defeat to his sanguine and cherished hopes have been ima- 

 gined, it might readily have been guarded against by a few words of 



VOL. vri. — 2 TJ 



