The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-12-11
THE GlBBEs LEGACY.
Great Qualification Over the Deeis-
ion Of the New York Court.

The news from New York that the
Snpreme Court had confirmed the
judgment Of the lower Court, sustain
ing the legacy Of 800, 600 IN the Will
of the late James S. Gibbes, for the
blishment of an art building IN
Charleston, Of course caused great
satisfaction throughout the city. The
trustees toWhom the fund was LETT
orieinally we're the Hon. Charles Isl.
Simonton, the late Capt. F. w. DaW-
son. the Mayor Of the city, e1-othclo,
and DR.. G.. Manigault. OF these only
two survive, Judge Simonton and the
Mavor. Under Mr.. Gibbes's will his
large property, amounting to nearly a
million dollars, was left for the most
part to his son, James s.. Gibbes, and
his grandson, James Gibbes Hale,
equally for life, the Farmers Loan
and Trust Company, of New York, be-
ing made the trustee. In case OF the
death Of his son and grandson without
leaving issue, numb legacies and
among them this 500, GOO foran art
building, was left by Mr.. Gibbes, and
the remainder was given absolutely to
his two nepheWs, the sons OF his
brother, Mr. Allen Gibbes, who
resided In Savannah. The unexpect-
ed death Of Mr. Gibbes's grandson. and
of his son without issue raised the Two
nephews at once from serious c1rcum7
stances to great afiuence, and COZ.
siderable surprise was expressed and
doubtless felt ~ the Courts that they
should have been unwilling to carry
out their unc1e's expressed wishes
with regard to the City Of Charleston,
:denominated in his will as our be-
loved city. However, there is no
way to prevent litigation if the persons
interested nestates are willing to pay
lawyers to conduct IT, and accordingly
st was necessary for the trustees to
employ counsel in the Courts OF New.
York, where the litigation was neces-
sarily carried on.
The trustees appointed Mr.. j. =
Barnwell as their represent tatiye here,
who undertook the work without COM
pensation, and Judge Simonton hlm-
self employed NE. Steele, OF New
York. who agreed to take the casesupons
a contingent fee, to be fixed by Judge
Simonton and Mr. BarnwelL Both
Judge Simonton and Mr. Barnwell
were absolutely confident. from the
beginning that the legacy was unas-
sailable. Judge Simonton wrote his
views to Mr.. Steele very fully and an
able argument was prepared by Mr..
Guthrie Of l1r. Steele,s firm, after
consultation with Judge Simonton and
the Charleston counsel. This argu-
ment was successful in the lower Court
and has proved equally successful with
the next. higher Court, which in New
York is known as the Supreme Court.
although there is another Court Still
higher. The counsel in Charleston
are not without hope that the persons
who have been pressing the litigation
may now be willing. to abandon it and
to permit the money to be used for
the benefcent purposes designated by
Mr.. Gibbes. sshort time will show
whether these hopes are well founded
orsnot. Further litigation, can only
result In costing the trust fund large
sum without beneiting those who are
contest1ng the legacy, and with the
decision Of two Courts against them
it is not.very4 probable that the mat
ter will be taken 10 the higher Court.