Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1890-03-21
Attacking a Will.

| SUIT BROUGHT TO SET ASIDE SOME PROVI
sIoNs OF THE LATE JOHN GEARY :
WILL.
Mr.. John Geary, venerable citizen well
known in Augusta county and connected
with iron interests here as well as in the
lower Valley, died Oh October 4th, 1888.
His will directed:
That his debts should be paid.
That W. P. Tams should act as his
Executor.
That house and lot in the West End be
given Mrs. Susan A. Carter, wife of his
friend, Jno. M. Carter.
That the sum of $3.50 be held in trust for
Jno. M. Carter and his wife, Susan A., the
income to he continued to the survivor,
and the survivor to have the right to
bequeath the amount.
That 'any beneficiary under this will
undertaking to assert any claim OIL debt
against me, shall be debarred from it's
benefits.''
That after the above mentioned requests
are paid, the remainder shall go to the Rt.
Rev. Jno. J. Keane, Catholic Bishop Of the
Diocese of Richmond.
The testator had been living in the family
OF MI. Jno. M. Carter for many years, and
his whole estate was estimated at $4,000.
Last Friday, Messrs. G. M. Cochran and
James & J. L. Bumgardner, filed in the
Office of the Circuit Court petition of
John M. and Susan Ann Carter, to set
aside the provisions of the will, as far as it
affects the farm on which they reside and
which they claim to have fairly purchased,
partly by their own money and work, and
partly by services rendered John Geary
during his life.
The petition sets forth that John Geary
at his death was eighty or ninety years Of
age. They first made his acquaintance at
Elizabeth Furnace in Augusta county, in
1867, while they were employed there, he at
the time living with the Fnrrers. There
MI. Geary seemed to desire to put himself
under their care. They staid there for
three years and then moved to Lewis Tun-
mel where Mrs. Carter kept a boarding
house and Mr.. Carter was foreman of a
gang Of hands. There Mrs. Carter accu-
mulated 81, 500. Mr.. Geary wrote them to
come back to Augusta and get work on the
Valley Ry., as he wanted to make his home
with them. They did so. Mr.. Geary then
urged on them that they quit their employ
ment and buy a farm, which they did. At
that time Mrs. Carter had ST 500 made by
keeping boarding house and her husband
had from $500 to $500. 1t was agreed that
as Geary would have to advances good deal
of the money required for the purchase Of the
farm the title should be made in his name
with the understanding that the farm was
the property Of Susan A. Carter. 1t cost
$500. Mr.. Carter worked the farm him
self and what was made ON it went to
Geary. They moved on the farm in 1874,
and Geary who was then living at Sangers-
vile, did not come to reside with them per-
manently till 1879, though hefrequently came
in the interval and staid weeks at a time.
From 1875 till he died he lived with them.
The products of the farm were used by
Geary to meet the deferred payments on it.
For fifteen years he lived there and never
paid one cent Of board. The farm was re-
garded by all as the property of Mrs. Car
ter. In 1877 Geary purchased IS acres of
the Dickerson land adjacent for $4,000,
which he said was also for Mrs. Carter. The
petitioners say that Geary always spoke of
tno forfc ha ha1 naiN
81 500 in cash towards buying it and all its
products had gone to pay for the rest. About
two years ago Geary read to Mrs. Carter a
paper which he said was his will, giving
her the farm and adjacent land. In conse-
quence of his feebleness and ill health
Geary required the care almost that child
would need, and this Mrs. Carter rendered
him with the faithfulness Of daughter.
The petitioners do not question the right
of the testator to bequeath his own proper
ty to whoever he chose, but they hold that
as far as the farm was concerned it was
their property, paid for with their money,
labor and service, and they ask the court
to so decree.
The Bishop of Richmond (now Bishop Van
devyver, Bishop Keane being now Rector
of the Catholic University at Washington
is represented in this suit by Maj. John Ii.
Dinneen of Richmond.
Maj. T. G. Elder counsel for W. P.
Tams the executor, has prepared a reply
to the petition, in which the statements
there made are contested.