Savannah morning news. [volume] (Savannah) 1868-1887, 1885-07-24

! Mise Wellman's Contest UnavailinG and
Christ Church Gets It's Original Be
/ quests.
AT the meeting Of the Superior Court
/ yesterday Judge Adams rendered his de-
cision in the case Of Margaret ". Well
+ man VS.. Edward +. NeufWlle, executor Of
the estate of tue late Miss Jane NJ.
Young, which was first called up
! tor argument on the equity
side Of the court on July . This suit
was instituted by Miss Wellman to re-
strain She executor from turning over to
the wardens and vestrYmen Of Christ
Church q portion Of the personal estate
OF Miss Young who died IN 1898, leaving
a will. 90 which was added codiclls dated
As late rs Dec. Q, 1879, and May %, lSSl-
The testament was admitted to probate
In the Court Of Ordinary during the Janu-
AIRY term Of 1854. Under its provisions
the greater portion OF the estate, valued
at about 500, 600, WAS beQueathed TO Christ
church, some few specific deVises only be-
ing excepted. These deyises consisted OF
a certain number OF shares Of stock, some
iewelry and sllyerware.
Miss Young was a maiden lady and died
leaving neither "Lith nor Kin" During
her later years, however, her associate
to her that some Of the specific devises
were made, as follows: "To my friend
Miss Margaret NJ. Wellman,
give and beQueath all the silver,
! jewelry and other personal effects ! may
die possessed Of and not hcrcubeiore
enumerated, having already communi-
Gated 70 her my wishes on the SUBJECT.
and in connection with this bequcst !
state that all The silvcr0wncd by mo when
Gen. sherman. az well as that left by my
aunt, Mrs. Scott, was 1T that time stolen.'
Other preceding items of the will dis
tributed certain shares Of Central rail
road stock among different charities con-
nected with the Episcopal church, and
others to some few friends.
The eighteenth and last item OF the VIII,
however, read as follows: "All the rest
and residue of my estate. not hereiube-
fore specifically divided, bequeathed or
disposed of, of what kind sOeyer, | give,
devise and bequeath 10 the church war
dens and vestrymen Of the Episcopal
Church in the city of savannah, called
Christ Church," etc.
All this rest and residue Of the es!ate
referred to In the last quoted item
OF The win, and read in connection with
the language OF the item first above
quoted, appears to have suggested TO Miss
~ Gilman. the GOulDlhiudub. bldt lut ht-
ceased intended to bequeath her all the
rest and residue Of her personal estate,
valued at about SlS, 900.
The case as presented to the court,
therefore, necessitatcd the construction
Of the first quoted item. Judge Adams,
after calling attention 10 the specific be-
quests OF the testatriX, in substance said:
"With this evidence OF careful and par
ticuar direction shown by these legacies,
how can II be assumed that in dispOsng
of the great bulk OF her personal estate,
the testatrix left underlined the trusts
which were to govern it's use? What
wishes can be reasonably imputed
10 her that are to operate
upon quite the moiety OF her
fortune save those wishes Of which her
viii contains the specific declaration? If
the rest and residue bequeathed in
terms so clear and comprehensive
TO Christ church is not TO embrace
personal property, it practically EN-.
braces nothing. The only real
estate possessed by the testatrix was the
house and lot specifically devised. There
was no possible source from which the
testatriX could expect any accretion to
her estate, and nothing can be clearer
than the intention TO best0w upon her
church her entire estate, save the specific
requests mentioned"