The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-07-04
METHoDIsT CAURCH IN COURT.
SUPERIOR PROVOST COURT.


M METHODIST EPISCOPAL For the Military District of
CHURCH JAMES Charleston, s. O., June 20. 1865
H. MOOD. t..
,-.... DECREE. ...., d. .. ....
When this case was frst presented to this COURT for
tits to be m exceedingly plain and simple matter easily
TO be disposed OF; but upon the coming in Of the de-
jurisdiction OF this Court to try and determine the
same, and raised many grave and serious questions in
Justice and necessity of joining other various par
ties in this action before strict Justice could be done
pcate and aous 4assd IssonS %na
deemed advisable to admit the defendants plea, in
order to arrive at proper conclusion, and to Justice
between the parties and carry out the intentions the
testator and to avoid long and tedious litigation be-
tween the parties before this Court which light upon
review, be decided to have been useless In order that
an appeal might be taken and those questions settled
adopted whereupon the plaintiffs duly brought ap
peal to Brevet Charles Deyens then tenn
known ability Who ,ls upon ~ careful examination
bis al tha T hs she Sad
and ample jursdiotion and power to hear and deter
mine the matters in dispute between the parties in
this action with directions that they cd and try
the same.
give the full, fair and impartial hearing allowing
at oil the facts and circumstances Of th case as well as
the true intent and meaning OF the teetaor the be-
Of property situated in the city OF Charleston and 1t is
highly important and necessary that the provisions
Kee. deceased. tho testator should be strictly carried
out in accordance with the spirit thereof; and this in
fact ia the only question this Court has deal with
By tho will Of John Mckee, deceased, admitted to
bate 9Th day OF October 1881 he decares give and
bequeath to my son David Gibson Mckee, and to the
lawful heirs Of his body begotten In matfimony IL
white for ever, or according to the terms in this will
set forth below, or herea ter provided throughout this
WILL the property may be possessed OF at my death
that not otherwise disposed in this wil-tha is
to say, but ron is mentally incapacitaed regu
late the affairs do hereby appoiut and constitute my
brother. whom intend my executor, trustee and
guardian for son; and all the acts Of said
guardian TO be in writing, to be valid as to tho
acts Of my son, my son and heirs Aforesaid, and
whatever wife my said son may have during her
widowhood shall have the Of the said property dur
ing their natural life. Hmy aforesaid, hath no
surviving heirs issue begot aforesaid then at
he may over have, during her wdowhood shall have
the of said property for their natural life. II my
aaid brother hath heirs ISSUE then they shall hold
the said property forever the terms and con-
ditions willed to my said son." There is, nowhere
any intention express implied, in this will by the
testaor create gift in fee simple to his son. any
else and therefore his power OF disposition over
tho property In question ts complete It Is
the tenor, true Intent and meaning Of this WILL taken
tees should only possess Life estate In said premises
and that 1t should eventually to the Methodist Epis
copal Church. The tesator then further deerees IN
and by his said will follows "Should my said Son
and brother die without heirs Issue aforesaid,
the residue not appropriated by this will that Is, the
building st. Mchaels globe, according to the terms
of said lease. give and bequeath unto the Methodist
Episcopal Church Charleston, the profits or IN
to bo distributed by the Trustees Of said Church