Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1881-07-05
The Case, of the Late Mrs. Susan Duke.
gallow.

tCorrcspondenceo of the Baltimore Gazette.l
ANNAPOLIS, June 2S.-Judge Bartol de-
livered the opinion of the Court of Appeals
In the case of the Church Extension Society
of the Methodist Episcopal Church and
others VS.. Margaret Ann Smith by her next
friend, Ferdinand Guerke, cross appeals
The appeals were taken from decree of the
Circuit Court of Baltimore, declaring invalid
several requests made in the last will and
eodicils of Susie Duke Callow, deceased, and
establishing as valid certain other requests
therein contained. The will was dated March
2, 1870. and the last coaicjl November 80,
1873. Tho testatrix died June, 1876 Tho
will was admitted to probate. July, 1876, and
letters 1 testamentary were granted to Samuel
u. Taylor, the executor. After the lapse of
thhtsen months the original bill of complaint
was filed by Margaret Ann Smith by her next
friend and heir.at-law. Afterward the bill
was amended. There are fourteen beauests
to the will; Nos. 8, 10, IL, IL and Is are
admitted to be valid the others are alleged
to be invalid. Also 1000 to Mrs Matilda
Christopher, since deceased, and which had
been revoked. The Circuit Court of Balti-
more decided that Nos. l, 2, 3 and Z were
valid, and from this decree the oomplaiuants
appealed, and Nos. 4, 5, 6 and II were do
olared invalid. and to this part the legatees
appealed. They have also appealed from the
decision as to the proper disposition TO be
made of the fund in cases where tho beauosts
fail to take effect by reason Of their invalid
lty. The will directed her property to be
sold and the legacies to be paid if there was
sufficient proceeds, and the surplus was di-
Iectsd to be paid to her lega.ees pro rata
The property was sold and tho proceeds
proved insufficient to pay the pocuniary leg
oil mn
pecuniary legaciss amounted to SAL, 500, and
the executor has only S27,T9223 in hand.
The first bequest of 81, 500: is to the mis-
sionary society of the NJ. E. Church moor.
poratsd in New York. This the court hold
to be valid bequest. The seventh beouest
to Rev. Leonard NJ. Gardner of So, 600 is
regarded perfectly valid bequsst. The
second clause giving 81, 500 to the Methodist
Prsachcrs' Aid Society of Baltimore, the
third giving So. 0G0 to the Home ofthe Aged
of tho NJ. i. Church of Baltimore CITY, the
fifth $1,000 to the trustees of tho Straw
bridge NJ. E. Church. the sixth giving ST.
600 to the trustees of the United Preshy>
terrain Church, and the codicil of November
~, 1879, giving to the Baltimore City Mis-
sionary aud Church Extension Society of
tho M r.. Church, incorporated under the
laws of Maryland, required the sanction of
the Legislature to make than valid. aud the
Legislature did so by the not of 1878, chap
ter 5s, and they are valid requests. The
bequest of $500 to the executor to keep tho
testatrix's lot and vault in order is invalid
because it attempts to create trust that can>
not be enforced. Tho bequest to the Per-
petual loan Fund of the NJ f. Church, in,
eorp"rated in Pennsylvania, is void from its
1ndehniteness. The bsquest of $1,000 to
the trustees of Strawbridgc Church for the
he benefit of the Mite Society is slso invalid
The amounts of tho lecacics thus voided are
Sll 500, and the court decides that there
being no surplus the rcsiduary legatees have
no rights in the case. Decrce reversed and
cause remnnded.
Tho above sction, as VIC understand and
regret, is in tho main adverse to the inter.
ests OF Mrs. NJ. A. Smith, of this place.