Savannah morning news. [volume] (Savannah) 1868-1887, 1885-04-22
THE GOV. JENKINS LIBEL.
Opinion of Judge Speer-The Complaint
Wholly Unsupported by Evidence.

Opinion of Judge Speer-The Complaint
Wholly Unsupported by Evidence.
The result Of the suit in equity Of Eliza
beth I. Belt against the estate of the late
Gov. Charles j. Jenkins, deceased, which
was tried in the United States Circuit
Court on Monday, was reported in yester-
days News. The opinion Of Judge Speer,
before whom the matter was heard, was
reduced to writing yesterday at the re-
quest of counsel, and is as follows:
This was bin filed by Elizabeth Il. Belt as
S Ia9 eNefqtTH q her diseased Bsi must
the defendants as the executors OF the
last will and testament of Charles }.
jenkins, deceased. IN brief the grayamen OF
the charges OF the bill u.s. that In the month OF
'July, IN the year 1868 Charles j. jenkins.
acting as a sort Of guide and friend, though 1t is
not alleged In any hduclary capacity, ADVISED
and induced the complainant to sell 5000 acres
Of land IN Bulloch county, Ga, and invested,
without authority OF law, the proceeds, 10
wit; 100000 Confederate money in the rOnds
OF the Confederate Government, and that II
he did not so invest m the manner alleged,
that he appropriated this sum, with
the income and interest thereof TO his own
use. These charges are framed with elabora-
ton and great severity OF statement against
the testat0r Of defendants. The bin prays
Tor discovery OF the executors as to all the
matters therein specifically charged, and for
May p, 1854. On the hearing this day had 1t
was made to clearly appear that Lloyd Carl
ton Belt died q the year lS62; that his wife,
the complainant, Immediately sued out let
tiers testamentary and qualified as his cXecu
triNi that she a5 once in her own name, and
through her friend and kinsman, Charles j.
jenkins, began negotiations for the sale of the
land mentioned in the bill. Her letters solicit
ing and encouraging the purchaser TO buy,
fixing the price to he paid, and advertising
the advantages appertainng to the property,
with all Of the shrewdness and sagacity OF one
accomplished in the arts OF trade and traffic,
were n evidence.
1t further appeared the sale was made at
her express instance and request, and that the
testator, Charles j. jenkins, whose executors
arc sued, had nothing more to do with The
sale than to lend his time and business
experience as a grahutOus service to his Blns-
woman. and that she signed the deed as eX-
ecutriE and individually. 10 is made further
clearly to appear that such Investment of the
proceeds Of this sale as were had in COnfeder-
ate 1-3O Treasury notes, were made by the de-
PENDANTS testatOr, by the direction and at the
request Of the complainant that she was sui
jur{S. and was at the time. both of the sale and
the subsequent investment, about 30 years OF
age, well qualified to transact all matters OF
business relating to the estate Of which she
was the eXecutriX, and that she took the
iniatlve suggested and insisted upon the i'm
porsant transactions fer which She now seeks
to make liable the estate Of Charles j. Jen-
kins 10 further appeared in evidence that
acting as the friend and, indeed, the benefac
tor Of the conf lainant, that Charles }. Jcn-
kins managed not only with the most scrupu-
lous accuracy and eXactness, all such monies
she placed at his disposition, for the pur-
poses Of the estate of which she was the cN-
ecutrlX, but that he dld this without cOnsij-
Grafton, and that he performed for
her lahOrous and yeNatiOus services rs
matter OF grace and good viii,
which otherwise III the usual course
OF the management of estates would neces-
sarily have involved a large outlay OF the
funds in her hands; and it is most creditable
circumstance, not only to the honor but to the
generosity Of Charles j. jenkins, that the
book OF cOntemporane0uS entries, kept by him
in his own hand writing, relating 90 these
services TO the complainant, and produced by
his executors under lice by her. TO be used
As evidence on this trial and thus given credit
and verify by the complainant. not only fully
accounts for every dollar and ceat placed i'm
his hands by her, but shows individually that
OF his own funds he had advanced for
her purposes the sum OF $Zl,230 D. for which
amount the complainant, as eXCcUtriX n a
proper case made. would be held indebted to
the estate represented by the defendants. In
every possible view of this case the appeal
allegations of the bill reckloss. The cause Of
action is alleged 10 have accrued in 1868. In
1891, eighteen years afterwards, the com
plainant is found 10 Toe protesting her love
ana esteem for him, and denyipg that she has
claimed an indebtedness from the testatOr of
defendants. The bin is not fled until after
III. death, but had he been in life his eNOnera-
ton could not have been more ample or
absolute or his defense more complete. The
bill Of complaint is wholly unsupported by
evidence. its prayers are denied. with costs.