Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-05-21
The CURRAN LEGACY.
Additional and Interesting Facts in
the Case
From Brooke County Correspondent Who
is Thoroughly Conversant With
the Matter.

On Tuesday morning the daily papers Of
thiscity chronicled the fact that Attorney
General s. S. Blair, of Virginia, had been
in the CITY the day before the object OF his
visit being the examination ofpapers, deeds
and other records in connection with leg:
acy said to have been left the Literary Fund
Of he State of Virginia by Peter Carran, OF
Brooke county, in or about the year
lsG0. The REGISTER, and it 10 presumed
TIE other papers of the city also, obta,ned
It's Information from Attorney General Blair
in person, aud on the strength OF
the data go ascertalned the
article referred to in the opening
lines of this item was based. In our &C.
count Of the matter, among other things,
it was stated that the present amount OF the
legacy was about $2l, 900, and that, some
time after the war, the State of West Viz
GINA had brought suit for the money, but
that the courts had held she had no right to
it, leaving the claim of the mother State as
AN OPEN QUESTION.
Now comes q Brooke county correspon'
dent, who, claiming to be thoroughly con-
yersant with the matter, objects to our &C.
count of the same in words as follows:
To the Editor @the Register
Sir: In an article published in your pa
per of May l9th, headed IAN Old Time
Legacy" Money Left the State of Virginia
By Brooke County Man." you have been
misinformed as to the facts in the case, and
tbesehz, Internationally work an injustice
10 IN parties having the estate in charge.
PEER Curran did by his last will make
the .Literary Fund Of the State of Vir.
gidia" his residuary legatee, after devising
large sums in other directions. Some
time after the war the Legislature
of this State passed an act giving this
same legacy to the Literary Fund, to the
Trustees of Brooke Academy. Upon the
passage of this act Brooke Academy began
a suit in chancery in Brooke county against
the executor Of the estate to recover the
legacy. The case was decided, both in the
court below and in the Supreme Court, on
legal questions. raised By demurrer,
THE PRINCIPAL ONE
being the validity OF said legislation, which
demurrer was fully sustained, both in
the lower and appellate court. The
merits Of the case were not
touched upon, although even at that time
all persons conversant with the estate were
aware of the fact that there was not and
would not be any residuary estate.
At later date after this decision, suit
was brought by the Board Of Education OF
the State of West Virginia, (the said Board
being the legal successor and in fact the
Literary Fund.- and all parties possible,
who could or might have any interest in the
result of the suit, were brought into this
cause.
TO this bill full answer was made show
ing an account Of the entire estate and what
disposition had been made thereof, A
special commissioner was appointed who
with all the attorneys in the case,fully heard
the case, and every item OF receipt and dis
bursment was looked into,
After a thorough and complete investiga'
lion the Commissioner filed his report in
Court, showing that the executor of the .es
tate had made complete and satisfactory
settlement, and that there was
no REsIDgARY FUNDS
remaining in bis hands. To this report nc
exceptions were fled by any OF the parties,
either the plaintiff or defendant, and as the
records shows after argument of counsel
and consideration by the Court" the re-
port of the Com missioner was ordered con.
firmed, and the case was thereupon ordered
dismissed at the cost of the complainant
(the Board Of Education Of the State OF
Virginia
In this suit now state from recollection,
hat tie State OF West Virginia was also
made a party defendant, and the then At
torney General Of the State made claim to
any residue there might be. Now you will
see from the foregoing, which is matter OF
record in this county, that the statement,
that there is now legacy due the old
State Of $2l ,OOO," or any other sum, is
ENTIRELY INACCURATE.
This matter was agitsted fully at the
time of these suits, not with any intention
or thought that there was any balance in
the hands of the custodians Of the estate,
but more on personal and political grounds.
No injury now, however, can be wrought to
any party by any number Of suits in this
matter, but / trust that your sense of justice
will allow this correction Of an erroneous
statement as herein shown.
If the attorneys contemplating bringing
suit will look at the records and papers now
on file here, scarcely think they will under
take to again revive this we'll adjudicated
matter. AQUILA.
Wellsburg, May 20, 1885.