The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-07-04

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not otherwise disposed Of by this will give and be-
Gospel OF Christ missions Tho designated
or appointed herein to collect pay to tho
under tho authority Of tho Mcshodist Epseopa, chSreh
1T is my persmptOry declaration that no
provisions intent this my win aud testament.
soe InG ns ns w
should my brother did, then do hereby appoint two
Charleston to act as executors or guardians
with the Same authority as given to my brother In this
selected by tho aforesaid board and it shall be tho duty
OF the raid trustces appointed, to submit annually
true statement to the aforesaid board, how they have
executed tho business Of estate; and should appear
that they either Of them have not managed the
estate properly tho aforesaid board authorized to
appoint two others of their BOARD they shalt
hsvo tho authority to act my tho
first two. and tho aforesaid board shall have authority
TO fill up tho vacancy out of their board in case
of DEATH or any ono 80 appointed refusing to act"
that the defendant had po right whatever with
letters of administration dc 5onis non with the will
in his said Will in tho event his brothers death by
thereby appointing two of the tho Meho-
dist Episcopal Church tho executors trustees or
guardians with full power tho trusts thereby
imposed From oil these facts and the evidence given
in this action appears that tho very contingency
happened for which testaor go cautiously and
fully provided to witt the death of his brother
ded to tho right Of tho plaintiffs to the possession
and income Of tho property in question It appears
last will nth day OF September 10
the year 1884, and departed this life AFTER which
Methodist Episcopal Church, which division did not
take place until the lsi4 and then under what
styled the "rian Of Separation" set forth the
Journal of the General Conference of the Methodist
Epscopal Church, Vol 2. page 219. section 9th, which
Church In meeting houses parsonages colleges schools
Conference funds cemeteries and of eyery kind within
the limits of Southern organization shall be forever
free from claim act the part of the Methodist
Epsc pal Church so far as this resolution can DO Of
force In the premises" This, to become organic
law Of tho Church, and to mako it binding upon
a.. al., and nd Of an any force whntever. required
General Conference. the page of the journal
thereof in these Words Resoved. That the Bishops
respectfully requested to ay that part this report
quiring the action of the Annual Conferences before
them as possible, beginning with the New York
Conferences 1t in evidence to mako the said 9th
section of the report of tho General Conference any
avail binding force effect organic law tho
Church. it required the threefourths Of
all tho Annual Conferences, which was nevor had and
which the said last resolve of the said General Con-
even admitting that the General Conference had the
power TO this Plan Of Separation and make bind.
Ing upon tho Churches without sanction Of the An
nua Conferences it certainly in that could only
control the absolute property then in possession
Methodist Episcopal Church. at the time Of the making
OF this WILL and at the death of said John McKee, as
to have to this day. the of the action of three.
fourths Of the Annual Conferences to mako the action
organic law OF Church. Of any binding force or
effect whatever It ia in evidence that tho tesaor was
at the time Of his DEATH and for many
| thereto, had been active and consistent member
and trustee of the Methodist Episcopal Church.
existence known by any other name, alI the schsms
splits and secessons having taken place the Church
knew Church than the Methodist Episcopal Church.
| OF which he was member, aud could have mesnt no
to the fee in the property In questions since the
death of the testator brother without heirs or
Issue. tho Church succeeds them and is merely the
trustee custodian thereof and is only in any event
entitled to any income Of the for specific pur-
pose; it is merely in the nature local or private
specific entirely can
In no wise form part Of the Church property fee
by them; and they refuse TO receive and take
charge of the in accordance with
There is doubt but that this large property vas
meant and intended for the and beneht some
fendan does he pretend any right or interest in
the same except In his official capacity admlnistra-
cared to be ghtfuly entitled to the possession thereof
Then the question recurs to whom docs the
the seaal scss r not
reason that at the time Of executing said WILL and
Church in existence We must therefore, naturap aIp
conclude that inasmuch as the Methodist Episcopal
at the time Of the execution of said will and a.
the death OF the testator AID he In his lifetime. and
member and trustee OF that Church. and regularly at
tending and worshippng at its altar, that they,
of his bounty and indeed it would seem unnatural to
suppose that he could have any other than the
SO nna Gf to 5 he
tmony In this case but FREQ say that all tho wit
nesses produced are gentlemen Of high standing 10
society, and some Of them exalted in the Church and
OF a Mgh-toned character and there be no doubt
gave their testimony freely and without bias or feel
Ing and strictly with regard to truth, as their
memories served them to give plain statement
OF all tho facts and circumstances elected the course
OF this trial. The whole has been patiently and
ably conducted on both sides by able counsel whose
urbany Of manner and courtesy to each other and
Court Is deserving Of commendation.
Upon careful and critical review and investigation
OF all the facts and the testimony In the case together
with the various documents in the case have come
to the conclusion that verdict be for the plain
tiffs
1t is therefore, ordered ndjudged and decreed that
the defendant deliver the possession of the premises
set forth In the complaint petition in this action to
the plaintiffs together with all papers and documen ents
relating to the same.
And is further ordered adudged and decreed that
the defendant within twenty days, render this Court
full ju.t true and perfect Of all his actipQs
and doings In the premises with good and suficie3t
vouchers for all expenditures necessarily made In rea
ton thereto.
And it further ordered adjudged and decreed that
the plaintiffs forthwith pay into this Court the sum Of
one hundred and fifty dollars the costs of this action
the to be refunded to them of the of
the premises In question: and to be charged by them
said premises as necessary expenses incurred in rea
tion thereto. e. L. BARNES
Captain and Pro ost Judce
ONLY :. WHITE GIRL.-As there is no uppor-
tunity now-a-days to shed tears of sympathetic
nnr nrrnA