Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1890-03-19
John Geary,s Estate.

Carter and wife vs. Garey's executor is the
style of a suit recently brought in the Circuit
Court of Augusta county. The plaintiffs In
| their bill set forth many statements relating
| to their claim upon Geary's estate. some OF
which are here mentioned.
1t appears that about 1867. John NJ. Carter
an6 Susan A., his wife, resided at Elizabeth
Furnace in Augusta county on the line OF the
Chesapeake & Ohio Railroad, and whilst there
became acquainted with John Geary, who was
possessed Of considerable wealth and without
known relatives. He was then man adj
vanced in years and desired and received the
attention and kindness Of a home with the
Carriers. Subsequently the Carriers moved
farther west to Lewis Tunnel on the said rail-
road, and in their occupations Carter as .
manager of labor and his wife In keeping
boarders, the first accumulated S4O0 or $500 and
the latter Sl.5OO. Geary was then in Augusta.
about Sangersville, and wrote Carter and his
wife to come to Augusta and follow their pur.
suits on the Valley Railroad, as he wished to
make his home with them. This they did.
and whilst on the Valley Railroad were often
visited by Geary. who then insisted that they
should buy a farm and settle down and he
would aid in the purchase and make his per-
manent residence with them. The place was
found south of and near Staunton and visited
by Geary and Carter. and the purchase eff
fected. This was done in March, 1874. The
price Of the property was 81 500. The payments
were cash 81 500 and the balance in 81 500 pay
ments one and two years, secured by deed of
trust the Carriers aver that the 81 500 of Mrs
Carter was used in the cash payment and that
the deferred payments were largely discharged
as was subsequent purchase of adjoining
property by the surplus products of the farm.
which was stocked and worked by Carter
The release of the deed. 1t appears, was not eff
fected till 1883. The Carriers confess to mex
perience and the want of Information in such
business transactions but say they were as
sured by Geary that. though the title to the
land should be invested in him, it was really
for Mrs. Carter.
In 1875 Geary made his permanent abode
with the Carriers. and there. during the re
of his life. IA or Is years. received
very attention and comfort, and that for
everal years preceding his death, he was
helpless and had to be watched and
nursed as an infant. For all these services
the Carriers did not receive one cent and the
whole of the surplus profit OF the land went
into the payments for it.
During the latter part of Geary's life Mrs.
Carter proposed to rescind the understood
contract between them which conferred on
her the land, and that she should have the
81, 500 refunded to her or some written evil
dence of his Intentions to make her the heir
to the property. She alleges that he read to
her his will to that effect, and said she was al
ready in possession of that portion of his
estate.
Geary died in October 1889, and his will. IN
his own handwriting, was produced and
proven and admitted to record. William P.
Tams OF Staunton. and Henry j. Smoot. of
Luray, Page county, were named as executors.
and Major T. G. Elder as the Counsel to aid
them, il need be, in the execution of his will.
He devised $3.50 10 Mrs. Carter in trust; $3.50 to
William Wallace, a disabled Confederate SOL
der of North Danville, Va; $500 to the Gen
eral Assembly OF the Presby terrain Church of
the United States, and the remainder of his
rs tate, all OF which wss to be put into per
sonalty, to he Right Reverend Bishop ]. ].
Keane, Of the Catholic Church. The record of
the Court shows that smoot did not qualify
and that Tams did, and that the estate was
valued at $4,000.
The Carriers ofrer no objection to Geary's
devisipg SO much of his estate as was really his
own to him seemed best, but bring suit to
recover $500 OF Mrs Carters money which
was used in paying for the land, and just
for the years of care. support.
and nursing Of Geary in his old age, or de-
cree to the right ofthe land named, as he said,
TO be the property of Mrs. Carter
Messrs. Geo. NJ. Cochran, Jr., and J. & ]. L.
Bumgardner are counsel for the Carriers. 1t is |
said that Major John 81. Dinneen, OF Rich. |
mond, has been retained by Bishop Keane.