Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1859-04-07
VIII OF Late VIM. NIcKcnna.

We have before US n copy OF the Will OF the lntc
Hon. VIM. McKenna, Of this District; and having
last week ndvcrted to the reported contents OF said
will, we deem il proper to give in this issue nm ao-
strnct of the contents rs they are found renlly to
exist Whether the statement made by us last
week. that the testator had left the bulk of his
nroperty to the Roman Catholic Church needs any
qualification, our readers can judge for themselves
presently.
The will was proved here in common form few
days since.
The tcstator beoueathes to Mrs. Mittag, the
wife of DR.. j. F. G. Mittag, the only daughter and
the only child of the testator, life annuity of
FIFTY DOLLARS.
small provision was made in the first will for
the grand children of the testator-thc children
of Mrs Nttag, but this provision is revoked in
the codicil.
The testator beoucaths to his sister residing in
New York, an annuity of one hundred dollars;
and to various nephcws and neces the sum of one
hundred dollars each and directs that these leg.
acies be paid '.either to the spid legatees them
selves, or to the Roman Catholic Bishop of the
Diocese in which they may reside, to be by him
paid over to them or for their use"
The negros of the testator that are over sixty
FIVE years of age are to be supported as charge
upon his estate, and for this purpose the annual
sum of twenty-five dollars is appropriate for each
Of them. The balance of tho 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 the testator are collected, the
whole fund is to be applied rs follows, subject to
the leracies before mentioned Five thousand
dollars to be paid to the Roman Catholic Bishop
of Londonderry, "to be applied by him to such
religious and charitable as he may deem prop
er 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 Ro.
Catholic Bishop Of the Diocese Of Charleston; in
frust rs to three-fo -fourths of said fund, "for the
establishing and maintaining O 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 use and benefit of The Sisters
of our Lady of Mercy in the city of Charleston"
Any disputes that may arise as to the construc-
ton of the will are 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-
tinted bv any legatee under the will, other than
by direction of the Bishop of Charleston, such
persons thereby forfeits all claim to any interest
under said will.
The will was made in Charleston, and dated
May 10Th, 1851. The Codicl revokng the pro-
vision 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 in the
Codcil.
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 we are not aware ;
the will seems to be formal and regular.
Counsel have been engaged upon both sides. ,
The Bar at this place is arranged as follows: For |
the will. Messrs. Dawkius s. Wylie contra, Mes.