The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-25
MONEY LEFT FOR CHARITY
How Mark S. Davis Disposed of His
Large Estate in His Will.
Earlham College Made the Residuary Legatee
Close of the Appellate Courts Term
Gases Decided.

The will of the late Mark 8. Davis was
probated in open court yesterday morning.
tits . lengthy document of nineteen items
and disposes of an estate valued sc S70.-
600. which is distributed among friends
and relatives and large portion of it
given to institutions OF charity and educa-
tiOn.
Provision lie made in the will for the pur-
chase OF suitable burial lot and the
erection of q monument to coat not TO ex-
coed $1,000 over his grave. The requests
TO his relatives are as follows: To his
brother, j. C. Davis. of Opolis, Ksn.. and in
case of his death to his children, $1,000; to
his brother Silas Nj. Davis. Of Opolis, Kan.
and in case of his death to his chill
dren, g.. 1000; TO the children of his brother
dence, Ia. 1000; to the widow of Jesse c.
Davis, $1,000; to his brother, John w.
Davis. OF Monrovia. Ind. 81, 900 and certain
described real estate In Morgan county.
Ind; to his slater, Lydia Ann Dennis Of
Wabash. Ind. during her life. the income
derived from the investment of $4,000. the
half of the income to be DEVOTED to the
support and education OF her
two children; 10 his brother.
from the investment of 81. 900 to be used in
educating his two children; to Willis T.,
son of Daniel III. Davis. deceased. Of
Wabash. Ind, $500; to Joseph I. Cones. of
this city. $4,000; to Howard Maxwell of
this city. $500; to Viola and Eva Davis
daughters of Salas w. Davis. g.. 600, to be
expended by the executors in their educa-
ton.
The charitable requests are as follows:
To the Flower Mission. $1,000; TO the Indl-
annapolis Free KinderRsTten and Children's
Aid Society. g.. 200; TO the Home for Friend
less Women, IS, 900; to the Indianapolis Or
phan Asylum. $1,000; to the Indianapolis
Monthly Meeting OF Friends. $1,000. the
money to be used in the erection of q new
TO Howard Maxwell and Joseph T. Cones
he gives in equal parts all OF his personal
property. All his property OF every de-
scriptlon, not otherwise disposed OF he be-
queaths TO Earlham college, Richmond,
Ind. -,
The will is dated June 1, 1898, and signed
by Rollin II. McCrea, William M. Hawkins
and Lucius b. Swift as witnesses.
Joseph 7. Cones and Howard Maxwell
are named as executors. and qualified yes
terday by fling bond In the sum or S14O, OOO
with the American Surety Company as
surety. for the faithful performance Of
their trust.
Appellate Courts Term Closed.
The Appellate Court yesterday wound mp
It's work for the summer and handed down
snumber of decisions but mono in cases Of
public interest. In the case of the Monon
road against Frank StaDger. from Clark
county. the motion for Q rehearing was
overruled. and each judge wrote q separate
opinion. The opinion was written by
Judge Lott. and Chief Justice Gavin con.
ours In q separate opinion. as do also
Judges Reinhard and Davis in individual
opinions. Judge Ross dissents. This lack
of unity upon nonessentials to the final
Justice of the case Is very unusual.
The Appellate Court closes its work for
the summer with 162 cases decided since
the first of the year, of which Judge GAVIN
wrote SO opinions. Judge Davis 80. Judge
Lott 81 Judge Ross ~ and Judge Rein
hard a. The number of cases filed since
Jan. was 112; the number OF cases gained
by the court y Don the docket OF the court
was 81. The Supreme Court record tells q
far different story. The total number of
cases b. led was 100, while the number de-
cided was 1874, showing loss upon the
docket of 35 GASES. It would be absolutely
dIscouragipg to contemplate the flood upon
the court had tho Appellate Court not
been established. But lawyers say
that 1t would have been much better to
have increased the number of Supreme
Court judges to nine and had no Appellate
Court. The litIgants crowd into the Su-
preme Court as far as they can. having
more confidence In it's ability and expert
enoe.