Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1885-11-26
THE BOLTON GIFT.
The Shelby County Public Schools-Bm
Filed In Chancery Asking that
the Bequest
OF 100000 and the Remainder Of
100000 Be Applied to the
Purposes Intended.

In the Chancery Court yesterday, upon
the relation of A. P. Chambers, ]. A.
Claiborne and i. II. Sink, school directors
OF the First Civil District, and of Lsvinia
A.. Cannon, the State of Tennessee
brought suit against G. E. Smith, chair
man of the County Court, to determine in
what mantief the Bolton College bequest
should be operated. Chairman smith was
made the trustee, under the Bolton will,
of $4,000 and that portion Of the Bolton
estate which should be left after the pay
ment of all claims, the funds to be used to
build and endow a college in the First
Civil District of this county.
BY the fourteenth clause of said will
Bolton devised as follows 81 hereby give
and bequeath, after the death of my wife,
the 800 acres of land reserved in the thir-
teenth clause of this will; to the trustees of
THE R Z SCHOOLS
of Shelby county and their successors in
Office forever, for the purpose of erecting a
college of learning on the same, and here
by give and donate 10000 for the pur-
pose of erecting said college, to be called
Bolton College. and bequesth the remain.
der of my estate not otherwise
donated to be paid over to the
Judge or chairman of the County Court
and his successors in office, to be loaned
out on interest perpetually, the interest
sccruipg annually to be applied for the
education of the poor and orphan white
children in the First District, the donation
to be perpetual" The bill recites that
there is both uncertainty and obscurity as
to whether any and what trustees, agencies
and machinery have been, provided by the
teststor to effect note, and carry into
PRACTICAL A
the institution he had thus generously
created. Comp ainant calls attention to
the fact that the trustees designated by the
t~estator, namely: The trustees OF the free
schools of Shelby county, had not at the
time said will was made, n have never
since had a legal existence there never
have been any such officers as trustees Oh
the free schools of the county, and no
officials by that or any other name,
whose duties were c~c-extensive with
the county, except the office of county
superintendent. Complainant is advised
that the officials referred to by said ~testator
as the trustees of the free schools of said
county were in point of fact the school
directors of said First Civil District and
their successors. The widow of the TESLA
tor now, Mrs. Lavinia A. Cannon, dis
sented from the will, taking
A DOVER INTEREST
in other property aud in the Harbicon
plantation. The part which was set aside
to her is the most desirable site for a col.
lege; that b is very anxious to see the
exchange for other property. At the
April term of the Supreme Court
Apperson, as trustee, was released.
and the estate has since been wound
up, all demands against it hav-
| ing been paid. There will remain in his
hands, subject to his full and unrestricted
control by sale or otherwi,e e, property worth
at least 5000, 900. That $40, 900 set aside by
the court will be more than enough to
build a college. 1t is estimated that $4,000
will be sufficient to erect a substantial and
suitable brick structure, and $1,000 more
will be enough to put up
HOUSES FOR TEACHERS
and to purchase the lands. Premises con
sidered, complainant prays for a genera
construction of the rule to settle who art
the proper parties to have the college
erected, to select ground for the same
and to control the same when built
TO say under whose control the
school shall be run, who shall employ
teachers and determine what children
shall be entitled to free education.
Complainant is advised that the ~testato1
did not fix the compensation OF the chair
man of the County Court, nor excuse o.
require bond or security of him; that {
large sum of money will be placed at hi
disposal; that he holds his Office by virtue
of election for one year; that the money
will therefore pass into the hands of othel
men,; that in order to
PROTECT THE SAME
from waste, loss and bad management
complainant asks that this trust be man
aged under the direction of the Chancery
Court, that it shall be invested in securi
ties as directed in the will, and that NJ
change of said investment can be mad
without an order of the court; that tn,
chairman be required to make an an
nual report and to give bond in sucf
amount as may be fixed by the court, an,
also asks that the compensation OF thu
chairman be fixed by the court, and tina
he be perpetually e~nioined from selling o
in any way disposipg of the remainder o
the Harbicon plantation of teststor, an(
further, that the court will fix the compen
sation of sald school directors.