The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1859-04-05
From the Lancaster IS. co. Ledger
WILL OF THE LATE VIM. McKENNA.

We have before us copy of the will of the late
Hon. VIM. McKenna, of this District; and having
last week adverted to the reported of said
WILL We deem it proper to give in this issue an
abstract of the contents they are found really
to exist. Whether the statement made by us last
week. that the testator had left the bulk of his
property to the Roman Catholic Church needs any
qualification, our readers judge for themselves
presently.
The will was proved here in common form a
few days since.
The testator bequeaths to Mrs Mittag, the wife
of DIR. j. f. G. Mittag the only daughter and the
only child of the testator, life annuity of FIFTY
DOLLARS.
small precision was made in the first will for
the grand children of the testator-the children of
Mrs Mittag, but this provision is revoked in toto
in the codicil.
The testator bequeaths to his sister residing in
New York annuity of one hundred dollars,
and to various nephews and neices the sum of one
hundred dollars each, and directs that these lega-
cies be paid ether to the said egatees themselves;
or to the Roman Catholic Bishop of the Diocese
in which they may reside to be by him paid over
to them for their use"
The negroes of the testator that are over sixty
years of age are to be supported charge upon
his estate, and for this purpose the annual sum of
twenty-five dollars is appropriated for each Of them.
The balance of the entire estate, both real and
personal, is directed to be sold.
When the proceeds of the sale of the Estate and
the debts due to testator collected, the whole
fund is to be applied follows, subject to the
legacies before mentioned Five thousand dol
lars to be paid to the Roman Catholic Bishop OF
Londonderry, "to be applied by him to such relig-
iOus and charitable he may deem proper
for the benefit of the Congregation of Cock Hill,
among whom the testator was born. The entire
residue Of said fund to be paid to the Roman
Catholic Bishop OF the Diocese of Charleston;
an trust to three fourths of said fund.- 'for the
establishing and maintaining Roman Catholic
Male Orphan Asylum and School, for the support
and education Of orphan and destitute children,
which said Asylum shall be established in the city
of Charleston, in the State of South Carolina and
as to the remaining one-fourth part of the said
fund for the and benefit of The Sisters of our
Lady of Mercy in the city of Charleston"
Any disputes that may arise to the construc-
ton of the will directed to be referred to the
Roman Catholic Bishop of Charleston for decision,
whose determination therein shall be conclusive;
and should any suit at Law or in Equity be insti-
direction of the Bishop of Charleston, such person
thereby forfeits all claim to any interest under
said will
The will made in Charleston and dated
May 10th 1851. The Codicil revokng the
provision made for testator's grandchildren, and
confirming other parts of the will, was also made
in Charleston and in the year 1855.
The last wife of the testator, who survives him
is not named at all either in the first will or the
Codicil.
The Executors appointed by the will who have
qualified are, c. B. Northrop of Charleston and
Thomas NJ. Belk of this District
The will will be contested by Mrs. Mittag, who
has already given notice to the Ordinary that she
requires it to be proven in solemn form; whether
by any other party we are not aware. Upon what
grounds it will be contested are not aware; the
will seems to he formal and regular.
Counsel have been engaged upon both sides
The Bar at this place is arranged as follows: For
the will: Messrs Dawkins & Wylie; contra: Messrs
j. Williams, W. A. Moore and Williams &
Allison We hope the parties may all have good
time.
We shall certainly keep our readers advised of
the progress of events respects this will and suit
The property left by the testator is estimated to be
worth at least two hundred thousand dollars.
IA "What has been your business?" said a
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