Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-06-26
WILL OF ELISHA W. ANDREW.
Caroline County Circuit Court Decides In
Favor of the Heirs,

Favor of the Heirs.
Denton Journal
A judicial construction of the will
of the late Elisha w. Andrew of FEEDER
alsburg has been handed down by the
Caroline County Circuit Court, ana
under it the estate goes to the heirs-at-
law Of the deceased, q number of cousins
in Caroline and Dorchester counties,
Md, and Sussex county, Del.
MIR. Andrew, who was devout mem
her Of the Methodist Protestant Church,
died in 1853, and left his estate III trust
for the benefit Of Liberty Methodist
Protestant Church, in this county, ana
in case the church should be closed for
three years TO the Maryland Conference
of the Methodist Protestant Church for
the benefit of needy churches WITHIN
the bounds of the conference
As Liberty Church hal not been IN
corporated at the time OF his death,
there was question as to the ilnal DIS
position of tho estate, and the Will was
taken into court upon an agreed state
ment for construction.
Tho testutor declared it to be his
"will and ardent wish that the Gospel
Of my Lord and Saviour Jesus Christ
shall for all time to come be proclaimed
at old Liberty Church. The court,
Judge Martin writing the opinion, says
that the ise of tho words "for all time
to comet makes the devise run counter
to the memorable ruln against perpetu-
tiles, which the courts have SO often
declared is founded in true wisdom, and
that the transference of the trust fund
| to the conference creates q new trust
quite as unfortunate as the first. III
| IS to be regretted that the testator had
not used apt words, and such as would
have enabled his executors to have car
! ried out his wishes, which doubtless
| he had long cherished, and to crafty
| his hopes, which were inspired by the
highest and holiest motives of his best
| manhood. 1t is unfortunate that these
treasures which Mr.. Andrew thought
he was laying up whore moth or rust
does not corrupt should have to be di-
verified from the ways he intended, and
that the church which he expected to
be fostered and maintained from his
savings should he relegated to the
bounty Of those who will get his money,
but who he never intended to be his
beneiicaries. Great as is this hardship
we ara Obliged to oonstrue the will &C
cordng to the settled rules of law
Therefore, if the devise and hequest i!
to apply to old Liberty Church, it il
void us violating the rule against per
petuties, and if then it should b,
claimed by the conference, it IS volt
for the same reason and because of tn
uncertainty of the cestuis que trust
and having so decided we must declar
the next OF kin Of elisha w. Andrew
J entitled to this fund under the law q
distribution of the State, subject t
the trust in favor Of Mary u. Jester.
1t is said that the case, which ha
excited much interest, may be carrie
TO the Court Of Appeals.
) A superb girl; surprisingly lovely; ski
fair as Il lily; cheeks like roses, and why
II is because she uses Glenn's SULPHUR Soap.
EASTERN SHORE or MARYLAND.
. A shirt factory will be established {
Chesapeake City.
a W. S. Bittle has been appointed pos
master at Ingleside.
: IL. +. Richards has been elocte
Q cashier of the Rising Sun Nations
8 Bank.
Tho Whitaker Iron Go. of Princip
= has increased the wages of its employ
:, six per cent.
y Robert Vandyke has bought Il
Il Miller farm, 1873 acres, near Cheste
town, for SAG 10 per acre.
W. j. II. Wooters, Jesse A. Ledmi
and J. S. Kettcamp have been a
pointed fire marshals at Easton.
a. The will of John II. Price of Ceci
ton has been admitted to probate. Il
to estate is left to his widow, Mary
IN Price.
in r. G. Henry, T. L. Kerr, John
le Rosselle, j. II. Waller and II. M.
SO Clair have been elected town co
i'll missioners at Cambridge.
of Veasey and Bladen Craycroft
Philadelphia have presented to
he Stephens Church, Earlville, cross
memory of their parents.
The Commercial National Bank
Snow Hill, capital $50, 600, has bt
authorized to begin business. u.
,p- Dcrrickson is president and W.
he Bratton cashier.
az A number of valuable farms looa
mo near Chestertown and owned by
las late r. Bennett Wilson have been s
N at auction. The home farm, conta
me ing $50 acres, was purchased by M
nus julia g. Ringgold for ST., 2lo;
Shirley farm, 80 acres, by Il. b. v
son, for 81, 300; tho 0verton farm,
acres, by Mrs. w. M. Wilson,
, tad So, $50; the Francis farm, 2Gl acres,
chs DR.. Thomas B. Wilson, for 80, 800;
IN acres of woodland, by Il. L. Carey,
dis $3.50: q acres of woodland, by l..
'ut- Smith, for s3l5.
lese ------
iure The strong cat we'll sleep we'll, look we'll.