The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1889-06-20

A special from Wytheville, dated the lTtf.
t, the Richmond Dispatch, gives the decision Of
the Supreme Court of Appeals in the Hugh G..
Guthrie will case, in the case of the trustees
of the General Assembly of the Presbyterian
church in the United States, ETC., ct ais VS.. John
B. Guthrie ct ais. The cause in the Su-
preme Court of Appeals of Virginia on an APP
peal from the Augusta County Circuit Coul',
and which has been the subject of widespread
interest, was decided by that court at Wytheville
on Thursday the 18th of June, long and eA>
exhaustive opinion having been an
read by Judge Richardson. The proceedings
were instituted by John B. Guthrie, for himself
and the other heirs of II. 6. Guthrie, deceased,
in the Circuit Court of Augusta county to set
aside the will of the deceased, especially at
tack g the nineteenth clause thereof, which is
in these words: after paying off all my debts
and he foregoing legacies bequeath and leave
all the money left or remaining in the hands OF
my executors as soon as collected to be paid to
the Secretary Of the Board of Foreign Missions
of the Presbyterian Church in the United States
and known Southern Presbyterian Church."
The bill charles as to this clause that the
beneficiary therein named is vague, uncertain,
and without existence. BY decree in the lower
court, the trustees of the General Assembly of
he Presbyterian Church in the United States
and Rev, NJ, II. Houston, the secretary Of the
Committee Of Foreign Missions of said Church,
were on their petition admitted As paities de-
endant to the suit, and at the same time 9 CONS
missioner was directed to ascertain who vas the
beneficiary. admitting parol evidence and tvi>
dence Of the surrounding circumstances to slow
the testator's intent. The Commissioner
turned an exhaustive report. in which he states
that the trustees of the General Assembly of the
Presbyterian Church of the United Stats-is
body under the laws of North CAROLYN, and
that Rev. NJ. n. Houston is the Secretary of
foreign missions Of said Church and was nend-
ed to be described in the language Of the will,
by which language it was more popularity hDown
in the testators community lie Qhe Cumnis-
sioner) also fled with his report a copy of The
charter referred to, giving among other things
power to take and hold properly acquired by
gift, devise, or bequest, and to aid and enable
the said General Assembly Of the Presbyterian
Church to undertake and carry on the work of
Christian, foreign, and domestic missions, &C.,
and that if the General Assembly should estab-
lsh any committees, boards, or agencies for any
OF tbs purposes recited in section l. the same
shall be held and deemed TO be branches of this
incorporation.
The CIRCUIT Court overruled the report Of the
COMMISSIONER, and declared the said bequest to
be null and void, and decreed the property to be
distributed among the next kin of II. G. Guth>
rie. deceased, and an appeal was taken by the
defendants TO the Court of Appeals, where the
court said: "After most careful consideration
of the authorities and the elaborate argument Of
counsel we arrive at the conclusion without a
hesitation that there is not room for rational
doubt that this case is in every essential par
ticular ruled by the case Of the Episcopal So.
ciety VS.. Churchman, S0th Virginia, rs, and
that the decree of the court below should be re-
yersed as having no foundation in either law or
reason"
Judge Richardson delivered an ell b5rate and
able opinion in the case, sustaining the exhaus-
tive and perspicuous report of Commissioner
John NJ Kinney and reversing the decree of
the lower Court This settles The matter. and
the will of the late Hugh G. Guthrie will be
earied out in the manner and form and to the
letter as he designed. The real estate of the
testator is located near Iarerbrook and is very
valuable.
The decision of the Supreme Court is high
compliment to Mr.. John M. Kinney, the Cons
missioner in the case, whose report is very lucid
and conclusive,
A. F. Robertson, of Staunton, and w. w
Henry, of Richmond, for the church, and IIar>
rison and Tucker for the heir