| Dr. Andrew Anderson |
| 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 Presbyterian Church. 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. 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 Stephen Merritt. 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 City Committee 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. Henry Flagler 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 Flagler’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 Anderson’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 Flagler’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 condition. 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." Alica Hospital 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. Marriage 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 South Florida. Markland 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. Anderson MD 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 Death Certificate 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 William Aiken Dr. Anderson M. R. Andrew John F. Apeler J. N. Avery C. Barnes Eluario Baya Joseph Baya W. F. Billings William Booth, Jr. William Bradford J. H. Braddock O. F. Braddock Cipriako Bravo H. Briggs Asbury Brown James P. Burroughs Colee & Day H. Canfield M. E. F. Caneros Canova & Colee Anastaco Capello Jas. & John Capo M. F. B. Castello A. W. Corbitt D. L. Dunham Dunham & Peck L. B. Edwards Henry Ferris A. Gay B. Genovar N. Genovar Benjamin Hammond Hargrove & Corbett Alonzo Hernandez W. H. Keith J. J. Krom E. M. Lopez Ernest Mahr Antonia Masters J. A. Mickler R. D. Mickler Telano Mier C. J. Montgomery George Myers B. F. Oliveros D. Pacetti G. Pacetti L. N. Pacetti P. Pacetti W. S. N. Pinkham M. L. Pomar James A. Ponce J. W. Quigley Mrs. C. O. Reynolds J. R. Sanchez J. D. Sharp Alexander Solana C. U. Solana Philip Solana H. J. Speissegger James A. Usina F. M. Webster H. A. Will Jacob Wilson Tatler 1895 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 white silk. 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 Died -Westcott 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 officiating. 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 weather. 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 of age. 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. |
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