Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1877-05-11
Thc Prcshfterian Church Lots.-


The Presbyterian Church LOts.-
Since the appearance of an item in the
JOURNAL last week, assuming that the
Executors in the WAY estate had purchas-
ed the lots on which the church was burn
ell, OF the Presbyterian Society, we have
learned there are two sides to the question.
The following is furnished from the other
side, as a synopsis OF the facts ia the case :
Mr.. WAY, being lawyer BY profession,
knew that bcquest with conditions in it
could not be accepted by the village of
Perrysburg until the Legislature empow-
cred it to accept said bequest under the
conditions of the same.
The will places tins injunction on the
Executors. 81 enjoin it upon my Execu-
tors TO see that said village Of Perrysburg
| has full power to accept and carry out
this bequest before paving over to it any
funds. Ii the said village shall accept this
| trust and afterwards neglect or refuse to
carry it out in the manner above required
! then my heirs-at-llw shall have the right
| TO demand aud collect the amount TO be
received by said village for their use."
Further on in the will he says: az again re-
peat the request to my Executors to see
| that said corporations have full legal pow
or to bind themselves and successors to xe-
cute this trust according to conditions here
in named, and that they do so legally bind
taemseipcs before paying Orer 10 them any funds
under this lriH"
At the time the Council passed the res
olution authorizing the Executors to pur-
chase said lots for the village of Perrys-
burg out of the bequest money, at price
not exceeding $4,000, the Legislature had
not passed the act empowering them to re-
ceive said bequest under the conditions at
tached thereto, and of course their want oI
power ut that time 10 receive it would
make their resolution invalid, so far as II
would give protection to the Executors in
buying them for the village with beques
money.
Since the passage Of the law giving then
power they have not authorized the Exec
utors to buy the lots, nor even notified
them that they are willing to accept tht
bequest under the conditions in the will.
This being the case, and no action hAv
ing been taeen by either party, OF cours'
the lots are just as much the property O
the church as they were the day the edi
6ce was burned on them.
The Executors say they desire 10 dis
charge their trust in good faith to all tn
egatees in the will, but do not intend l.
make themselves individually liable b,
doing illegally and without authority tha
, which some persons may demand Of them.
+ They will do all in their power, legall,
and equitably, to advance the desired OF
ject-of having, at an early day, the Me
mortal Building and Library, for the use q
Z the citizens of the village but il must
borne in mind that the library purpof
bequest is the eighth and last item in I'll
win, and that the Testator directed tbs
! the "bequests be paid in full in the ord,
: OF 1st, I'd, Sd &c, as designated, as far /
: the estate may so"
The shrinkage Of values in real esta
doubtless will effect the dthohht Of tn
: last item in the will, unless it is though
Q beat to hold same from sale until a MOI
prosperous time than at present