The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-07-09
THE MARTHA ADAMS ESTATE.
The Church Don't Want IL and the
Relatives. Get It


In the superior court yesterday q verdict
was given, and a decree taken by the
next Of kin Of the late Mrs Martha W.
Adams for distribution Of her estate.
Mrs. Adams willed all her property, real
and rer.nnsl Is sAss trustees Of the Inds-
pendent Presbyterian church, except her
glassware, china, wearing apparel, beds
! and bedding. She bequeathed her two lots
at Charlton and Barnard streets, Nos. 20
and q. Pulaski ward, the former upon
which. by ths terms Of devise, chapel was
TO have been erected, and to be named, by
a fitting tablet over the door facing Charlton
street, THE Adams Chapel" On lot q
adjining, and where the deceased
resided in life, the residence was to be used
as parsonage to the chapel, and any sur
plus after the building Of the chapel was to
be invested to maintain the parsonage.
The only requirement made Of the trustees
was that the trustees Of the church should
keep the cemetery lot, where Mrs. Adams
is buried. in good and neat order
At a meeting of the trustees in March,
year ago, they decided that it would not be
to the best interests of the church to assume
the trusteeship, and, as they declared,
while fully realizing the charitable and re-
ligious objects OF the devlsor, and appre-
ciating the confidence reposed in them,
they declined to qualify as trustees under
the will, and relinquished all rights in law
or equity under the instrument, notifying
the executors Of the estate of their action
on the day they had declined the legacy
The answer Of w. w. Mackall, Jr.,
solicitor for the church, was to the effect
that the object and purposes of the devisor
being particular and specific and not gem
eral, the church, co-defendant, could not
accept the property under the will, and
there being no general object Of religion or
charity 10 which such devise could be ap-
| propriated for, the legacy was declined.
The jury with these facts before it found
for the complainant; that they are related
to the deceased; that the devise and legacy
to the church has lapsed by the renuncia-
ton OF the same by the legatee, aud that the
defendants, the executors, hold all the
residuum of the property after all debts are
paid; that the defendants as executors sell
all property where division cannot be
made in kind, at public sale, after adver-
tlsement, as in the case of administrators
sales, and after payment of all debts, ex-
penses of administration, costs and expenses
| OF this case, the defendant executors dis
tribute to the petitioners, or their attorney
| OF record, the net proceeds, as follows:
To II. NJ. Cutter, as administrator Of the
estate of Joseph o. Davis, one-third.
To Sarah L. Freeman, one-slxtn.
10 Sallle Dancy, Harry A. Champion and
William d. Champion, each one-eig lteenth.
To Joseph o. Davis, Jr., Jacob G. Davis.
Maria T. Davis and Mary s. Cox, each one
| twelfth.
The executors are required by the verdict
to make full return to the ordinary, and
to pay to the attorney for the trustees of
the Independent Presbyterian church fee
OF $3.50 out Of the funds in the hands OF the
executors. The decree was taken in the
exact line of the verdict.