Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-06-18
GUTHRIE AND THE PRESBYTERIAN
GENERAL ASSEMBLY,.
! Syuopsi, OF the Decision Of the supreme
Court of Appeal, of
Virginia.
lspcclal telogram u no Dlspntchl

WYrHrvrIr. Va. june 1.-THE trustees
of the General Assembly of the Presby-
torian Church in the United States, ETC.,
20 ais. rs. John +. Guthrie ~ ais
Tho ahOVc-cutltlcd cause, which was IN
the Supreme Court Of Virginia ON am ape
peal from the Augusta County Circuit
Court. and which las been the subject of
Widespread interest. was decided by that
court at Wytheyille on Thursday the l3th
of June. "a long and exhaustive OPINION
having been prepared and read by Judge
Richardson. Tie opinion ls too elaborate
for newspaper publication, but ana outline
VIII bee found below Of the salient points
involved In the case and referred 10 lu tine
opinion of Che court. The proceedings were
instituted by John +. Guthrie, i0r him-
self and the other heirs Of II. G.. Guthrie,
deceased, in the Circuit Court OF Augusta
county TO set aside the Viii Of the deceased,
especially attacking the nneucth clause
thereof, which is IN these words. After
paying on all my debts and the foregoing
legaCies / bequcath and viii all tie money
left or remaining in the hands of my cN-
ccutors a. soon as collected to be paid 10
the Secretary of the Board of Foreign
Missions of the Presbyterian Church ln
the United States and known as Southern
PRESBYTERIAN Church. The bill charges
as 90 tins clause that the beneficiary there
in named is vague. uncertain, ana without
existence. BY decree IN the lower court.
the trustees Of the General Assembly Of
the PRESBYTERIAN Church in the United
States and Rev. VI. H. Houston, the secre-
tarv of the Committee of Foreign MISSIONS
of said Church, were on their petition adj
mitted as parties defendant TO the suit,
and al the same time % comnls-
sioncr was directed to ascertain who
was the beneficiary, admitting parol
evidence and evidence of the surrounding
circumstances 20 show the teStator intent.
The Commissioner returned an exhaustive
report in which lac states that the trustees
of the General Assembly of the Presbyte-
rian Church of the United States Is "a body
under the laws Of North Carolina, and that
Rev. III. VI. Houston IS the secretary of
foreign missions Of said Church and was
intended 10 be described in the language
OF the will, by which language it was more
popularity known III the tcstator.s com
munity. He Ohe Commissioner also hled
with his report a copy OF the charter re-
ferred to. giving among other things power
10 take and hold property acquired by
gift, devise, or beque>t, and to md and
enable the said General Assembly OF the
PRESBYTERIAN Church 70 undertake and carry
on the work Of Christian, foreign, and
domestic missions, &c.. and that If the
General Assembly should establish any
committees, boards, or agencies for any Of
the purposes reclted IN section /, the same
shall be held and deemed 10 be branches OF
this incorporation.
The Circuit Court overruled the report
of the Commissioner, and declared the SAID
beauest 10 be null and void, and decreed
the property TO be distributed among the
next kin of II. G.. Guthrie. deceased, and
an appeal was taken by the defendants TO
The Court of Appeals, where the court
said. After a most careful consideration
of the authorities and the elaborate argu-
ment OF counsel we arrive at the conclu-
sion without hesitation that there Is not
room for rational doubt that thus case IS
in every essential particular ruled by the
case of the Episcopal Society oS. Church.
man. sOth Virginia, page IT'S, and that the
decree of the court below should be
reversed as having no foundation IN
either law or reason The parallel Is
drawn between the two cases, and refer
ence s made to the case reported IN 21th
Grattan, page COS, at the close OF which the
Court SAYS. This contention rests upon
no other or higher ground than that the
testator describes the beneficiary as the
secretary of the Board of Foreign Mis-
sions. &c. when the true designation Is
secretary of the Executive Committee of
Foreign Missions or simply Executive
COMMITTEES OF Foreign Missions OF which
the Rev. w. Ii. Houston is see
retary. The report of the commissioners
showed that the deceased had for thirty
years or more been an active member OF the
Church, was an elder IN the
same at the time of his death, and was.
liberal contributor TO the cause Of mis-
sions. to which cause he expressed his pur-
pose at several times during his life 20 leave
a beauest at the time of his death and fur
der that this Execptiye Committee IL mora