Savannah morning news. [volume] (Savannah) 1868-1887, 1886-02-12
THE SUPREME COURT.
Decision In the Case of WeImanvs VS.. Neuf-
willie from Chatham.

OecAslOn IN the Case OF w Imam VS.. Neuf-
Vile from Chatham.
The following is the decision handed
down from the Supreme Court on Tues
day affirming the judgment OF the Chat
ham Superior Court in the case of We'll
man VS.. Neufyille, executor:
Hall, J.-The will OF a testatrix direct
ed that her debts should be paid; that 5000
be paid to her friend, Miss Welman, to be
by her appropriated TO the erection of a
suitable monument to the memory of the
deceased mother and aunt of the tesla
triX. The fourth item bequeatned the
only piece of real estate owned by the tes-
tatrix to the wardens and vestry OF Christ
church for parsonage, and If not needed
for that purpose. for charitable uses.
Other items distributed certain shares of
Central railroad stock among various
charities, most of them connected with
the Episcopal church, and among a few
friends, the daughters Of a late bishop of
that church. The seventeenth item was
as follows:
"To my friend, Miss Margaret NJ. We'll
man, give and bequeath all the silver,
jewelry and other personal effects | may
die possessed of, and not hereinbefore
enumerated. having already communi-
Gated to her my wishes on the subject
and in connection with this bequest /
state that all the silver owned by me
when the city of Savannah was captured
by Gen. Sherman, as we'll as that left by
my aunt, Mrs. Scott, was at that time
stolen"
Item eighteenth was as follows: "All
the rest and residue of my estate, not
hereinbefOre specifically devised, be-
queathed or disposed OF, Of what kind So
ever and wheresoever located, give, de-
xriaa nd hanfraofh n he nh ovda
and vestrymen of the Episcopal church in
the city of Savannah, called Christ
Church, and to their successors forever,
whom | declare my residuary legatees,
to be by them held or applied to and for
the use and benefit OF the said church in
such manner as they may deem best for
its interest.
A codicil bequeathed certain shares of
stock to the wardens of Christ church in
trust to pay over the dividends to a for
mer slave OF the testatriX during his life,
and after his death Ito hold said stock to
the said church wardens and vestrymen
of the Episcopal church in the city of Sa-
vannah called Christ church, with the
rest and residue of my estate, as declared
and bequeathed in the eighteenth item of
nv said will" The testatriX lett no other
real estate than the lot devised for the
church; but, besides silVerware, jewelry
and the like, she left personal property
aggregating about $4,000. She had for
many years been a devoted member OF
Christ church, and left no kindred:
Held that the seventeenth item Of the
will was intended only to cover and con-
vey articles Of slight value, having a
value, derived chiefly from association
and personal use, and that the valuable
estate left by her did not pass under the
seventeenth item, but under the residuary
clause contained in the eighteenth item.
(a.) ParOI declarations OF intention
were not admissible in constituting this
will, nor is it necessary to resort TO the
memorandum OF the former will; but II
resort be had thereto and TO the fact
which led to the changes made by the
codicil thereto, as well as in the present
will, in relation to the personal requests
made to the devisee under the seven
teenth item, the construction of the will
already made is confirmed.