|Dr. Andrew Anderson II
March 13, 1839 - December 2, 1924
|The Friend and Associate of Henry Flagler: Dr. Andrew Anderson (1839-1924)
In the words of James Ingraham, one of Flagler's most trusted lieutenants: "Perhaps no one possessed
Mr. Flagler's entire confidence and esteem to a greater extent than Dr. Andrew Anderson. Mr.
Flagler talked over with Dr. Anderson, perhaps more fully than anyone else, his vision for St.
Augustine, beautified on lines that would not materially interfere with the ancient landmarks of the city,
but would, as it were, combine the utmost degree of advanced ideas for the comfort and pleasure of
the American people with that charm that the individuality of the old town possessed in itself"
Dr Andrew Anderson I
Dr. Anderson was the son of James Anderson of New York. He completed his doctoral dissertation
at the New York College of Physicians and Surgeons on May 4, 1813. His dissertation was entitled
"An Inaugural Dissertation on the Eupatorium Perfoliatum of Linnaeus." This dissertation is on
the healing properties of Indian Sage (or boneset.) The plant had long been used by Native
Americans. Dr. Anderson used it in the New York Alms-house on patients with fevers. He thought
the treatment was much better than bloodletting or mercurial practice for yellow fever.
In 1829 the schooner General Jackson brought Andrew and Mary Anderson and their daughters
Hannah and Emily to St. Augustine from New York. After arriving Mary gave birth to another child....
Mary. He writes a pamplet about St. Augustine HEALTHFUL St. Augustine, November, 1829. Sir,
The nature of the present communication will present the best apology I can offer for asking your
attention to its object.... 2 pp. In this open letter he invites those suffering from Consumption to move
to or take a long rest in St. Augustine, for its climate is ideal for improving the health of those afflicted.
He listed himself as Physician to the 'Infirmary for diseases of the Lungs,' established in the City of
New York. He provides information about the climate, the water, the cost of room and board in
boarding houses, etc. By 1830 Dr. Anderson was the head of the temperance society. He was an
alderman in 1833 and 1834. He was a justice of the peace and in 1839 he was an elder of the
In the 1830's Dr. Anderson begin to buy twenty acres that would become Markland. He retired from
medical practice in 1833 when Dr. Peck moved to St. Augustine. In 1833 Dr. Anderson was selling
off two groves located on St. George Street one home and lot was located opposite the Post Office
and the other was held by the Presbyterian minister Rev. Snowden. The production of oranges was
from 110 trees and amounted to 85,000 oranges produced.
He ran merchant ships from New York owning the Journel of Commerce and the Bushrod. Dr.
Anderson also sold oranges from his farm. In 1835 a freeze killed the orange trees and in 1840 scale
was found on trees this virtually elimated the citrus industry in St. Augustine.
His next crop would be olive trees which he found out would not easily survive in St. Augustine soils.
He then tried mulberry trees which became a bubble industry in the United States which would end
with too many mulberry trees. Mary Anderson died on September 8, 1837.
December 19, 1837 a meeting to create Southern College was held. Dr. Anderson would be on the
board. February 5, 1838 Dr. Anderson chaired a meeting against statehood at St. Augustine city hall.
On March 27, 1838 Dr. Anderson married Mrs. Clarissa Cochrane Fairbanks. She was from New
Hampshire. September 38, 1838 Dr. Andreson signs petition seeking the arrest of Ivan Randal and
Andrew Anderson II was born March 13, 1839 in their house on Hospital Street. On May 9th
material was loaded on board the Henry Clay in New York to begin the building of Markland.
Coquina was ordered from Gabriel Perpall's quarry on the island. In October the cornerstone of
Markland was laid. Three weeks later in the fall of 1839 yellow fever hit St. Augustine. Dr. Peck fell
seriously ill and Dr. Anderson took over his practice. On November 7, 1839 Dr. Anderson died of
yellow fever. Clarissa moved into a very reduced Markland by the end of 1841.
Dr Andrew Anderson II
After attending school in Markland Andrew was enrolled in Phillips Academy at Andover, Mass in
1853-54. He went to Europe and saw France, Switzerland, and Germany. He attended a private
school in Paris. In 1857 he entered Princton and after receiving his degree there he continued his
education in medicine at Columbia University's College of Physicians and Surgeons during the Civil
War. He was in New York City around the time of the 1860 elections staying at the Breevort House
on October 18, 1860. His schooling enabled him to neither take part in the Union Army against his
neighbors or fight with his neighbors against his country although he did pay for a substitute in the St.
Augustine Blues (the local Confederate force.).
He escaped Cedar Keys on the Fanny as Cedar Keys was being attacked by Federal troops. He
was able to pay a brief visit to St. Augustine in 1863. He later worked in Fredericksburg, Va tending
Union troops from Grant's 1864 campaign. In 1865 he interned at St. Luke's Hospital in New York.
Creation of Public School #1, St. Augustine 1869
bv December 2 the City organized to created the following committee to organize and establish a free
School for the education of whren composed of The Mayor of St. Augustine ex officio "as Chairman",
Reverend Canova, B F Olivero, E F Dimedicis, Oliver Bronson, Dr. N. D. Benedict, Dr. Andrew
Anderson, Dr. John E. Peck, B E Carr, Fatio Dunham, Geo Burt and Godfrey Forter.
School Leased to Committee
Whereas a committee has been organized for the purpose of establishing in the City of St. Augustine
County of St Johns and of Florida a free School for the education of white children. composed of the
following members and their successors ....
And whereas by an ordinance of the May and Council of said City of St Augustine passed on 1st day
of December inst certain rights and privileges powers and duties were conferred upon said Committee
and the manner in which it shall be maintained was therein defined.
And whereas by an ordinance the Mayor was directed to execute a lease of the building and grounds
situated in St. Augustine aforesaid and known as the City Hall under certain conditionsions then in
mentioned with the said Peabody Free School Committee for the terms of one year and for such
further time as a Free School shall be maintained and conducted in the manner and under the
restrictions presented in said ordinance.
Now therefor this indenture witnesseth that for the land in consideration of the sum of one dollar in
hand paid to the City of St. Augustine by the said Peabody Free School Committee and for other
considerations the said City of St. Augustine by their presents doth leave let and hire unto the said
Peabody Free School Committee to their successors all that attain for a parcel and lot of land with the
building, thereon, and grounds belonging thereto siuate in St. Augustine aforesaid known as the City
Hall for the term of one year for the date hereof such further time as a Free School for the education
of White children shall be maintained by said Com. and conducted in the manner anductions
prescribed in the Ordinance heretofore mentioned to while inferences here made at an annual fee to
be paid to the City of St Augustine by said Committee of one cent.
The condition of this indenture is such tf said pervious be used for any other than educational
purposes without consent of the Council of said city ? shall be permitted to be thought therein if any
cause a Free School for the educaiton of children conducted in thder the restrictions prescribed in the
aforesaid ordinance shall fail to be maintained by said Committee then this indenture to be null and
void and the City of St. Augustine shall have the right to reenter with the possession of said premises.
In witness whereof the Mayor of the City of St. Augustine has here met his hand and caused the seal
of said city to be herewith affixed the members of said of said Peabody Free School Com have herein
to subscribed themselves this ___ day of ___ A. D. 1868. In presence of ________.
The Mayor and Council City of St. Augustine
A L Rogero F Fortez B E ? O Bronson
Ramon Canova Fatio Dunham G Burt
B G Oliveras B E Camron A Anderson
Earl J deMedicees (sp) N D Benedict John E. Peck
During Reconstruction, Dr. Anderson played a vital role in the community. In 1869 he was the
Republican Party Secretary and was later elected an alderman on the St. Augustine Council. He also
served as County Commissioner for several terms (1873, 1875, 1877). In the years that followed, his
experience in Republican Party politics did not disqualify him from post-Reconstruction political
participation. (He served as Mayor of St. Augustine in 1886 when hotels started.)
Buckingham Smith Benevolent Association
On January 4, 1871 Buckingham Smith suffered a heart attack and was found unconscious on the
streets of New York by a policeman who thought he was drunk. He died without regaining
consciousness in Bellevue Hospital.
He left a life interest to lands in St. Augustine to an African-American named Jack one of his slaves,
and $100 each to three other former servants. After disposing of personal effects to friends and
relative, he left the rest and residue of his property for the use of the black people of St. Augustine
and their successors in all time to come..."providing first for the aged and invalid of those blacks which
have been mine."
Dr. Oliver Bronson was his executor. As soon as it was practicable, in order to make a more
permanent provision for accomplishing the purposes of the testator, Dr. Bronson determined to create
a corporate institution, which was named The Buckingham Smith Benevolent Association.
In order to carry out the intentions of Mr. Smith, and to put the institution on a permanent basis, Dr.
Bronson purchased at his own expense, had erected a large building completely furnished with
everything necessary to make it comfortable, which he deeded to the Directors. there were ample
piazzas on the north and south sides, a large dining room and sitting room, and an apartment for the
matron; an outbuilding for a large kitchen and rooms for the domestics. This was connected to the
main building by a room open on the south designed as a sitting room in pleasant weather. Dr.
Bronson donated this without cost to the Association, so that the income from Mr. smith's estate
could be devoted to the maintenance of the inmates of the home.
A "Board of Lady Managers" was formed to aid in this benevolent work, with a membership
composed of some of the most prominent ladies in town. Miss Margaret Worth was the Secretary,
her sister Mrs. John Prague, and the Misses Humphreys and Benet were Vice Presidents, Miss
Rebecca Perit was Treasurer, and Miss Sarah Mather, the President.
These ladies immediately began making articles of clothing and other necessities for the home, and on
December 8, 1873, six aged colored women and two colored men took their first meal in the newly
erected Home. Others were admitted from time to time. The institution was in charge of a matron,
assisted by a cook and a house girl.
The first officers of the Association were Oliver Bronson, M.D., President, General John T. Sprague
and Oliver Bronson, Jr., Vice Presidents, Dr. Andrew Anderson, M.D., Physician and Secretary, and
Mr. James W. Allen, Treasurer.
St. Augustine Hotel
He would be one of the 3 partners (with Frank H. Palmer and Edward E. Vaill) who built the St.
Augustine Hotel. He would sell his interest in this hotel in the 1870s. It would be the best hotel in St.
Augustine before the San Marco Hotel was built. (Note: When Henry Flagler made his first trip to St.
Augustine his hotel was unknown. The St. Augustine Hotel should be the prime candidate.)
President Grant's Visit
President Grant visited St. Augustine in January 1880. Dr. Anderson with St. Augustine's leading
citizens met Grant's party at the depot across the San Sebastian Creek.
Death of Clarissa and Estate Trouble
Clarissa Anderson died in June of 1881. After Clarissa died Dr. Anderson did not live in Markland
but rented it out. By 1883 the Anderson family and heirs were in a lawsuit over Clarissa's
administration of Andrew I's will. The courts ruled against her estate until 1893 when the Florida
Supreme Court ruled against the estate ending the appeals process. The opinion was over 35 pages
long and lists in detail the various ways that Clarissa moved land from the Dr. Anderson I estate to her
own name denying the daughters of Dr. Anderson I their share of the estate. Dr. Anderson would
receive only 1/4 a share including Markland. Part of this controversy included the land the the Ponce
de Leon Hotel would be built on.
In 1885, Henry Flagler paid a visit to this wealthy and important St. Augustine citizen and sketched
out his vision for St. Augustine. At Markland the new business venture was articulated, and the marsh
creek and orange groves next door became the location for the first part of the enterprise. Dr.
Anderson became Flaglerâ€™s agent to purchase the land needed for the hotels. He purchased the
Sunnyside Hotel located on the corner of Tolomato (Cordova) and King Streets for $20,000. He
petitioned the city council to excavate Maria Sanchez Creek. Anderson deeded over part of his own
property to Flagler. A family dispute was quickly settled and the land of Andersonâ€™s half-sisters
was sold to Flagler. The old cottage was moved across the new Sevilla Street to provide room for the
Ponce de Leon gardens. Flagler added Malaga, Valencia, and Sevilla streets and widened King
Street. Flagler looked on King Street as the Fifth Avenue of St. Augustine. Throughout Flaglerâ€™s
life Dr. Anderson would be there to help him not only on business matters but also through Flaglerâ
€™s commitment of Ida Alice, his estrangement with Harry his son, and his declining physical
Dr. Anderson, after the hotels were built, lived part of the time in the Cordova. He maintained a small
medical practice in the Alcazar Hotel.
In the 1880s and 1890s he took F. F. Smith as a partner in his medical practice. In the summer of
1888 they took a tour of Europe that included a visit to the island of Minorca. The tour visited various
hospitals and famous baths of the continent in order to study methods of disease treatment. The
various treatments of the Casino would be on recommendations from physicians.
In addition to his medical duties including Alicia Hospital, Anderson would be a spokesperson for
Flagler. Ingraham's tribute to Dr. Anderson would list his role as "director in Mr. Flagler's hotel and
railway companies, quiet, efficient, a thinker who never antagonized, but whose advice was always
sound and conservative."
In May 1888 the St. Augustine Hospital Association was organized. Dr. Anderson was one of the
physicians of the hospital. He also became chairman of the board of trustees. He served on the
trustees for over 25 years. The Alicia Hospital, formerly Dr. Sloggett's home, was located on Marine
Street. In 1889,meeting at Dr. Anderson's office by the trustees at which Dr. Anderson was elected
president. The hospital began operations in the winter of 1890 after Henry Flagler deeded the
concrete structure and grounds to the board of trustees. When it opened , Alicia was the only public
hospital in the area from Jacksonville to Daytona. The hospital had a trained nurse Miss Aurora Smith
from Bellevue Hospital in New York. Dr. Anderson, Dr. DeWitt Webb, Dr. Smith and Dr. Shine
were the original medical staff. He would be Dr. Frank Fremont Smith's best man when Dr. Smith
married Doreatha Grossman of New York on June 3, 1890.
Dr. Anderson married on January 29, 1895 Mary Elizabeth Smethurst who was 24 years younger
than Dr. Anderson. They were married in the Trinity Episcopal Church. The ceremony was presided
over by Bishop Edwin G. Weed. William Harriman, Anderson's cousin, was the best man. The
wedding was attended by Mr. and Mrs. Flagler and many African-Americans. They honeymooned in
In 1899 work was began on improvements for Markland. The architect was Charles A. Gifford of
New York and the interior decorator Karcher and Rehen of Philadelphia. Dr. and Mrs. Anderson
with their two children Clarissa and Andrew moved into the home in January 1901. Mrs. Anderson
died in Nova Scotia in September, 1912.
He liked to vacation in Back Harbor, Nova Scotia. There he built Over the Way around 1908. (It's
still owned by family members.) Clarissa Anderson Gibbs also gave land for a small park named Jib
Lot Park.. Mary Elizabeth died in Chester, Nova Scotia on September 12, 1912. She is buried in
Evergreen cemetery. Dr. Anderson was also a yachter with his boat Clarissa. He donated $50,000
for a pipe organ to the University of Florida. He died before it was dedicated.
At the end of his life he dedicated himself to civic improvement giving money for the World War I
Flag Pole dedicated on November 11, 1921 (built by Charles Adrian Pillars). The bronze base gives
part of the history of St. Augustine. It's motto: Fiel y Ferme (Faithful and Strong). He also
recommended in the dedication speech as the official St. Augustine song: The Fromajadas.
He also contributed the statue of Ponce de Leon dedicated on November 11, 1923, and in 1924 he
commissioned F. Romanelli to created in marble two Lions for the base of the Bridge of Lions. He
died on December 2, 1924. He is buried in Evergreen Cemetery.
The basic framework for this biography is Thomas Gramham's, The Awakening of St. Augustine
and Jean Parker Waterbury's Markland. These two books are indispensible for anyone who wants
to learn about St. Augustine and can be purchased from the St. Augustine Historical Society.
* * *
1839 Death Notice Florida Herald and Southern Democrat
On the 8th (November) Dr. Andrew Anderson, President of the Life and Trust Co.
1878 - Death Records
25 May - Birell, Catherine - This is to certify that Miss Catherine Birrell died on the 25th day of May
of dysentry. A. Anderson MD.
4 June - .?.., Maria - This is to certify that Maria died of asthma at the colored home in the City of St
Augustine on the fourth day of June. A. Anderson MD. Note: No last name is given for Maria
1879 - Death Records
4 January - Scott, Mary This is to cerify that Mary Scott died this day at the Colored Home of
Convulsions (aged 14 years) A. Anderson MD
10 February - Atkins Mrs. Florence F. - This is to certify that Mrs Florence F Atkins aged twenty
three years died this day of phthesis. A. Anderson MD
3 April - Johnson, Abel - This is to certify that Abel Johnson died at the colored Home on the night of
the 3d of April of disease of the heart. A. Anderson MD
14 May - Cullin, Lavina - This is to certify that Lavina Cullin died in this city this day of ..?.. A.
1880 - Death Records
29 May - Burns, Thomas - This certifies that Thomas Burns died this day at the Colored Home - Age
probably over seventy. Cause of death ..?.. of the brain. A. Anderson MD
9 April - Braun, Daniel - This is to certify that Daniel Braun died this day at the colored home of
heart disease (aged 20 years). A. Anderson MD
31 October - Smith, Judy - This is to certify that Judy Smith died this day at the Colored Home of
asthema. A. Anderson MD
3 November - Williams, Sam - This is to certify that Sam Williams about eighty years was found
dead in his bed this morning immediate cause of death unknown. A. Anderson MD
1881 - Death Records
6 July - Nateel, James Henry - This is to certify that James Henry Nateel aged four months died this
day of pneumonia. A. Anderson MD
31 May - Travis, Frank - This is to certify that Frank Travis died this day at the Colored Home of
Apoplexy. A Anderson MD
7 June Anderson, Mrs. C. C. I hereby certify that Mrs C C Anderson aged 82 years died in this city
June 7 1880 of desease incident with old age. Jno E Peck MD St Augustine June 8 1881
Physicians In St. Augustine
Webbs St Augustine Business/St Augustine Directory - 1886
Alba Edwin M, 2 Plaza Pl, Cathedral (physician and druggist)
Alexander Lawrence, St George n P.O.
Anderson Andrew, physician, h King n San Sebastian river
Caruthers Horace, h Spanish c Treasury
Dunham Charles A., Charlotte n the Fort
Gibson Joseph R. Surgeon, St. Francis Barracks h Marine
Rainey John K., next P.O. h do
Shine William F. h Bridge n Sanford
Sloggett H. physician, h King n Tolamato
Smith Frank F, r P.O. b The Magnolia
Webb DeWitt, St. George n Cuna
Orange Growers in the St. Augustine Area
From the 1886-7 Florida State Gazeeter & Business Directory
produced by South Publishing Company
E. C. Allen
James W. Allen
M. H. & D. Allen
M. R. Andrew
John F. Apeler
J. N. Avery
W. F. Billings
William Booth, Jr.
J. H. Braddock
O. F. Braddock
James P. Burroughs
Colee & Day
M. E. F. Caneros
Canova & Colee
Jas. & John Capo
M. F. B. Castello
A. W. Corbitt
D. L. Dunham
Dunham & Peck
L. B. Edwards
Hargrove & Corbett
W. H. Keith
J. J. Krom
E. M. Lopez
J. A. Mickler
R. D. Mickler
C. J. Montgomery
B. F. Oliveros
L. N. Pacetti
W. S. N. Pinkham
M. L. Pomar
James A. Ponce
J. W. Quigley
Mrs. C. O. Reynolds
J. R. Sanchez
J. D. Sharp
C. U. Solana
H. J. Speissegger
James A. Usina
F. M. Webster
H. A. Will
Doctor and Mrs. Andrew Anderson afforded their many friends opportunity to congratulate them in
their stately home on King street on Saturday night last, when they held a reception from eight to
eleven. the stately colonial home was indeed bright and beautiful, the broad entrance hall fragrant with
white hyacinth, evidently a favorite blossom with the fair young bride, who had recently come to
preside over it; bringing joy and gladness with her. The large parlors were made more beautiful with
great clusters of American beauties and brides, that were about in great clusters; shaded lamps,
shedding their softened light over the beautiful women and their attendants who gathered there.
In the second room a delicious repast was laid, the large table fairly groaning under its load of
delicacies, inclduing fried oysters, salads, sandwiches, ices, creams, cakes and confections. In the hall
a great cut glass punch bowl supplied a delicious drink for the thristy, that proved a successful rival for
the excellent coffee.
Mrs. Anderson wore her wedding gown, an exquisite cream morie, simply made. Mrs. Harry Flagler
wore an exquisite cerise chiffon over silk of the same color and a quaint pearl necklace. Mrs. John D.
Jones wore a magnificent black gown. Mrs. J. N. MacGonigle, a December bride, wore her wedding
dress, an ivory silk en train, over a gamp of white chiffon. Mrs. Smithurst, mother of the bride, wore a
black silk mourning gown. Miss Smithurst a pretty white silk gown, Miss Laura Smithurst also wore
Mrs. Charlton Yarnall wore a beautiful dress of gold satin; Mrs. W. C. Stevens wore a beautiful
gown of white and pink satin; Mrs. Upham, black satin; Mrs. J. D. Stanbury, cream brocade gown;
Mrs. Livingston, an elegant gown of black velvet and satin; Miss Livingston, a handsome gown of
green silk and velvet; Mrs. J. J. Vandergrift wore an elegant gown of black satin with cerise vest
covered with jet.
Among those present were Rev. and Mrs. J. N. MacGonigle, Mr. Harry Flagler, Dr. and Mrs. Dewitt
Webb, Dr. and Mrs. A. K. Rainey, Mrs. O. B. Smith, Miss Lyons, Mr. and Mrs. George gibbs, the
Misses Willoughby, Major and Mrs. Handbury, the Misses Lewis, Lieutenant and Mrs. D'Armit,
Mrs. Mayer, Miss Hill, Mr. and Mrs. James E. Ingraham, Captain and Mrs. O'Hara, Mrs. and Miss
Pratt, Mrs. Gill, Strawn of Jacksonville, Mr. Frank Dearing, Mrs. Carpenter, Miss Smith, Mr. and
Mrs. J. A. Enslow, Jr., Mr. W. W. Dewhurst, Mrs. Edwin G. Weed, Miss Weed, Miss Smith, and
Miss Foster, Doctor and Mrs. Shine and Captain and Mrs. Marcotte.
January 18, 1900 St. Augustine Record
The addition to Dr. Anderson's residence is growing day by day, and the outer walls are now on a
level with the roof of the main building. When finished this will make one of the handsomest, and most
commodious dwellings in the city
In this city, at the residence of Henry Gailard, Esq. Miss Emma Westcott age 84 years died at 10:00
o'clock this morning. Miss Westcott was a native of Bridgeport, Con, removing thence to Philadelphia
with her brother, the late Dr. John Westcott, many years since. They came to Florida and made this
city their home and have been considered almost as natives, so well were they known in the
community. Miss Westcott has been a confirmed invalid for the past two years, surrounded by the
loving care and attention of her niece, Mrs. Henry Gaillard and her family. At such a ripe old age,
death can only be looked upon as entering into a peaceful rest from her sufferings.
The funeral will be conducted from Trinity Episcopal church tomorrow at eleven. Rev C. M. Sturges
The following gentlemen will act as pallbears; M. R. Cooper, Geo W. Gibbs, D. L. Dunham, John T
Dismukes, W. W. Dewhurst, Dr. A. Anderson.
March 1 , 1900
Dr Anderson is again improving in health, although not yet able to leave the house in unfavorable
June 2 , 1900
Dr. and Mrs. A. Anderson and children left this morning at 6 o'clock on a special train for
Germantown, Pa., where they will spend the summer
February 18, 1912 (New York Times)
Dr. and Mrs. Andrew Anderson had as their guests at their villa at a "Dickens dinner." Mr. and Mrs.
Joel J Lyman and General and Mrs. Martin Hardin.
Court Case for Children of Andrew Anderson III February 11, 1955
ROSAMOND COCHRANE ANDERSON AND ANDREW ANDERSON, III, APPELLANTS,
v. JOHN C. DIMICK, A MINOR, BY HIS NEXT FRIEND, CLARISSA ANDERSON GIBBS,
AND CLARISSA ANDERSON GIBBS, INDIVIDUALLY, APPELLEES.
MATHEWS, Chief Justice. Supreme Court of Florida
In this case Andrew Anderson, deceased, left surviving him two children, Clarissa Anderson now
Clarissa Anderson Gibbs, and Andrew Anderson, Jr. His will contained the following:
"* * * the net income in equal parts, one to my son Andrew, if living, or if dead, to his issue, per
stirpes, and the other to my daughter Clarissa, if living, or if dead, to her issue, per stirpes, until the
time arrives for the complete distribution of my estate, as hereinafter directed; and if at the time of any
quarterly payment before the final distribution of my estate either of my said children shall be dead
without leaving lawful issue then surviving, then the portion of said net income directed to be paid to
said child, or its issue, shall be paid over to my other child then living."
The will then provided that upon the death of the survivor of his two children, the principal should be
disposed of as follows:
"* * * One undivided half part thereof shall be paid over, conveyed and delivered to the then living
issue, per stirpes, of each one of my said children then dead leaving issue then living, and in case only
one of my children shall have left issue then living, then the whole of my said residuary estate shall be
distributed, paid over and conveyed to the issue of such one, to be divided among such issue equally,
per stirpes, share and share alike."
In the event there should be no issue of either child at the termination of the trust, the principal was to
be paid to five main charitable institutions.
The son had two natural children, Rosamond Cochrane Anderson and Andrew Anderson, III. The
daughter had no natural children but had an adopted son by the name of John Dimick about 17 years
In the original suit all parties were named and served and were before the Court.
From the pleadings as disclosed by the record, it appears that the will created a trust with the income
therefrom payable to testator's two children for life with a contingent remainder per stirpes to the issue
of such children living at the time of the death of the survivor thereof. The question presented is are the
natural children of one of the life tenants entitled to a determination prior to the death of the life tenants
as to who now living, if they survive, shall be entitled to distribution of the corpus of the trust, where
such determination is not required or needed for the present administration of the trust?
In the case at bar both children of the testator are still alive. Until the death of the children of the
testator will survive. the children of the testator, it cannot be determined which, if any, of the issue of
Survival until after the death of the children of the testator is contingent of the gift. The gift of the
remainders to the appellants is therefore contingent.
The trial Court found that the remainders created by the will of Andrew Anderson are contingent
remainders and that Rosamond Cochrane Anderson and Andrew Anderson, III, are prospective
remaindermen and their interest in said remainders will vest provided that they survive the life tenants
who are now asking the Court to determine while both life tenants are still living, whether John C.
Dimick is also a prospective remainderman under the paragraph in question as "issue" of his adopted
mother, Clarissa Anderson Gibbs. The Court said:
"* * * The Court finds that declaratory relief should not be granted with respect to rights which may
or may not arise in the future, dependent on events which are contingent, remote and uncertain."
The child was a child of her first husband, John Dimick.
In 1987 Clarissa Anderson Gibbs received the Order of La Florida, the City of St. Augustine's
highest honnor. Clarissa Anderson Gibbs died January 21, 1990.
|One of the lions from the Bridge of Lions
|Ponce de Leon Statue
|World War I Flagpole and base
|Markland Pool Room - Note Palm logs
|Flagler St. Augustine