The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1889-02-06
WHAT DOES IT MEAN ?
MANY LAWYERS AND THE CIRCUIT JUDGE
ARE STRIVING TO INTERPRET
R.C. GoRDoN's WILL.


The most important case tried at the recent
term of court was the case Of Jane L. Gordon
&C., plaintiff against Mary
Watt Gordon and others. This was an action
brought for the purpose OF conStrulng tue VIII
of Robert C. Gordon, deceased when is us
follows:
TIE STATE OF SOUTH CAROLINA.
In the name of God. Amen!!!
/. Robert c. Gordon, Of the District OF Ao-
bevile and State aforesaid, nelng menN ,.s;nd ~
body, but OF sound and dlsposinS ni1nJ' ani
rous of disposing of the property and estate
with which God hath blessed me, 10 make
this my last VIII and Testament hereby re-
voking all wills by me heretofore maue:
l. My will is that all my just deots pe
3. My will and desire Is, and SO order anu u, a
direct. that my wife Rebecca be Handsomely
and maintained during her naGu, naI.,
raj life, and l charge my Executors Spso.miaaa i aa
to see that this provision DC ialthi"'S '''''e@'
out. do,obter
3. give and bequeath unto my oausnteI
Rosa Ann, wife OF James McCord, LOT ne, ,
sole and separate use not IN any way ngIne
her natural life, and at her death to her cnli;
dren. the sum or One Thousand DollaIs; any
the entire debt due 10 me from the sala James
McCord, which is now In suit, to be I, pa,u sbe ~
the said Rosa Ann, or any person WnoNh sne
may choose to act as trustee for her. ,ao,.,.,
4. give and bequeath 10 my son Ezekle'
Evans Gordon Five Hundred Dollars.
5. I give and bequeath unto my ny ougSn,n' WSson
the entire debt now due to me from her nus S
band. secured by mortgage on his land, an, anG
the sum of Eight Hundred Dollars TO De paiu
To aer by my Executors, to be for her use ouI AZ
inc her natural life, and Mt her death 10 oe vi
vided eaualIy between her children whlcn
She NAV leave at the time of her deash;
6. give and bequeath to my grand aausn
ter Jane Watt Wilson, Five Hundreo polia,S onS
to he paid for her schooling MS 1t may De neeu
ed. if 30 much be necessary, but II so much oe
not needed for schooling, then all not eApenu
cd in schooling, with interest tnereou, W
paid to her when she comes OF age OF ni''i
ries. ,nto INV twr
SONS. lanes and Robert Thonast all my l2io
and real estate, to them and tnelT nelIs, ou
If either of my said sons should oie wtCnou,
issue living at the time of his death, tnen
i've his part of the lands to the survivor, ano
if thc survivor should die without leaving Is
sue mt the time of his death, then, that, give
the same to my other children. subject 10 tne
same limitations as Is provided as 10 the oo
Quests to them respectively; or5a,
n is distinctly understood, and SO ordel
and direct. that the said lands snail De a noint
for my wife and single daughters lor nS anS
during their lives, or so long as tney hiaS
choose to live thereon. ,,,
o piveand beoueath unto my four chill
dren in equal shares, to wit: James Saraor,
Robert Thomas Gordon, Mary watt GorooI
and Jane Eliza Gordon, all my negroes, Stocs
Of every siLd hand SonSs notes and al
the rest and residue of my estate OF every ae
scription for and during their natural Il'es =,
with remainder to such child or cnllureh ns
either Of them should leaving LYLE az ~ iLs nis
or her share, and II either OF my salo Ioul
children should die without leaving ISSUE
living at the time of his or her death' tnei
his or her share TO go TO the snrVlNors, aI,u
tho last survivor should die without leaving
issue living at the time OF his or her aeatn
then give the estate and propert! neren.
given to them, to my other children herell
named, share and share alike, subject 10 tlis
same Limitations tbs as is IN 'ne
7 do hereby appoint my two sons Jane:
and Robert Thomas Gordon executors OF tnls
INV last will and testament. o,
In wit9esS Sa Shereqi seni ahis Is naYf Jany Iss
Signed, sealed, published and acknowleag
ed in the presence Of rs who have mere
unto signed onr names as wltnesse!
thereto RobERf X BE- PrsseGeoSR e. GoR8oS 81 L. s
ANDREW WINN.
CHARLFS DENNY.
THos. G.. PERRIN. -o,o
Robert C. Gordon died IN January, 'oSs.
district, 18th January, 1852. on
The personal property consisted OF O ne
groes, and $4,000 worth OF notCs' oonus' eui
The real estate consisted of2,Wl acres, val
uIT MISS, IS under an order OF the Court all tn
nropertV was pnrtitioned as follows. TO VII
TO Robt. T. Gordon: o,o coo or
Real 2 soe OH
Personally. ''o'i'00
To James Gordon: o,oooo M
Real iS'eyoE eIS m e,7 ao1
TO Mary Watt Gordon: s,o.oe
Personally alty...-"....................."' Sio'"i''o
TO Jane f. Gordon: o,o CAT g
Personality ty...-......................". Sio'"''''
sa,s45.l
And these legatees went into possession o
their Separate shares of the property unde
the imitation provided by the Will ollhel
father Robert c. Gordon.
The two unmarried daughters OF Cne ttsu s
TOR still live Mt the old homestead, where thel
brother Robert Thomas Gordon lived VIII
them until the day Of his death.
James Gordon died several years ago; ieaV ~
ing two children. They Inherited their Ia
theirs share in their own right.
This will was made in 1852, just day or g
before the death Of the testator. Mrs. Kirk
wood. one Of the daughters OF the testator, wa
left nothing under the Will, anu an aetlon wa
brought by herself and her mt hasDanu n 70 ,ta, tes
the testator being in extrernts was mental!
incapable at the time Of making Will. A
an evidence Of such incapaclty on the part Q
the testator 1T was shown that ne was physi
cally very weak and also that his mind wa
not clear owing to the low state of his health
ana that he did die within the space OF two
three days after the will was executed. Proo
was also adduced to show that Mrs. kirkWoo'
was her fathers favorite daughter, which fnc
was freely admitted, and AS She was not men
toned in the will it was claimed that this wa
O strong presumption OF his mental weakness
After being hctly contested the case went U
the Supreme Court, where 1t was decided tha
the will was valid. Then, in suit between
James Gordon, Robt. 7. Gordon and the tw'
Misses Gordon, the property was divided
parti toned. and James and Robt. T.. Gordon
had the land set of TO them IN equal snare
under the will, and the personal property wa
divided between the two sons and the tW'
daughIers Jane Eliza and Mary Watt Gordon
James Gordon then died leaving Two ch1l
dren who are,parties to. the presentsult. Robt
r, Gordon survived his brother James man.
veors. and then died leaving no issue. Th
Two Misses Gordon are still living. and un
married. They live at the old homestead
The death of Robert T. Gordon without issu
brought about the contingency whlch renaer
broupht In order to construe the will of Robt
c. gGordon, deceased, and ascertain his IN.
tentions as to what should become OF thu
property in case Of the death OF ms surrlvih!
suit claimed either the whole or q portion o
the property-covered BY the Will. The two
sections which causes this controversy arr
the seventh and eightn clauses OF Ine VIII
Under these sections the children Of James
Gordon claim the entire property.
One OF James Gordon's children, Mrs. Geor
gia Miller is represented by Messrs. E. b
Gary, w. G. Miller and ]. F; X. Bryan, th'
the Charleston bar. The other child of James
Evans Gordon-is represented by Messrs
Benet & Cason. Their interest being the same
of course these five attorneys contended fo
The same construction OF the will, with th'
eyceptiou of Mr.. Gary. who while he agreed
with the Others as to the construction of th'
eighth clause Of the will differed from then
as to the seventh clause.
The poiut In the case as the ntlemen con.
tended was that under the seventh and eighth
clauses it was the intention of the testator tt
provide for his two sons James and Rober