The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-27
ACT ..A||C||:''T VOID I N. MANY | NJ.
Wills / ! Affected 1! {
Judge Grinnan& Declares Law Tn
constitutional, and Attorneys
Are Much Puzzled.
MANY AN SUITS LJ '| MAY RESULT. L :;I |
Site for New Railroad y G.
yssis. sIrlvo I've Appeal Will.
= E se..I aiken.
MANY SUITS MAY Az REsU

In the Ghancery Court yesterday
Judge Grinnans handed down a decree
holding unconstitutional the act of the
Genera Assem- bly, wherein the clerk OF
that court is vested with the pow wer OF
probating Wills. The ruling Is the re-
suit Gof "a suit filed by w. +. Smith
against II. AZ. DIcCurdy as executor OF
the estate OF Mrs. Sarah G. Boswell,
but 1t will affect about twenty Wills II
the Supreme Court sustans the opin-
ion,s notice of appeal; from which has
been entered alrendy. LAWYERS are
unable to- say wi tn legal accuracy what
the general effect will be. In the event
that the higher court takes the same
view as that given by Judge Grtnnan.
These twenty Wills. It lis said. cannot
have been rightly probated II the act
under which they were proved Is null
and void
Fnr-HenchinE Decision.
Indeed, the question Is Of such far
reaching Importance that a multiplio-
ity OF suits may possibly be entered.
Mr.. A1cCurdy had practically wound up
the Boswell estate. One lot in partic-
ular h ad been sold by him as trustee
to Judson Cunningham and a'3deed Of
trust was given. Mr., cunningham sub
sequently sold tho lot to the trustees
Of the Railroad Y. M. CA. fund for a
building shortly to be erected. With
the ruling, therefore, that the will had
| not been probated according to law,
| the question: arose yesterday as to
whether or not the Y. NJ. G. a. title
is binding
For a time yesterday 1T was thought
that ell work would be delayed, but
! attorneys for the trustees who have
| been made party to the suit. declared
| that they saw no reason to bellevc
tho plans would be interrupted orpthe
! deed set aside. In an "off-hand'
opinion they believed the titles would
stand.
Mr.. McCurdy. the executor, was ap-
! pointed receiver OF the estate by Judge
| Grinnan, and in that capacity he vii
be required to collect rents. attend tc
other financial duties, and report tc
| tho court on the first day Of the next
term. and all parties Interested by
virtue Of their connection with any
parA Of the litigated estate arc ordered
to surrender to him.
w. r. Smith. the plaintfff In the suit
! is a relative OF Mrs. Boswell, who die
not inherit under the Will. That doc
unent itself seems to be legal In every
way, the only ground upon which i
| could be contested being the act ol
the General Assembly comforting upol
Clerk Sayille the poWerAto probat TO-
Nuc, Intercst In Case.
When the original bill for the plain
tin was filed by Messrs, Beverly 4. .
Crump5 and Mr.. Crump Tucker on
/ July 17th, Judge Grlnnan set yester-
| day as the date for the argument.
Before going into the case on Its
merits an amended bill was fled by
j Messrs. Crump and Tucker for Smith
i II which all purchasers OF the Ros-
well property We're made parties. u
was in this way that the trustees Of
tho Y. Nj. G. A, became involved. At
torneys representing various parties
are p. G. Richardson It'll Carter,
Tholnason e. Minor, a. W. Patterson
Leigh r. Page, and John r, I.eary
s|other lawyers engaged in prohation oi
4 Wills by the clerk We're natur,
1 ally interested when the question OF
Il constitutionality was raised. as they
were anxious to know what effect Il
4 would have on the estates In which
\ they are concerned, Clerk Savtlle
says that he has probated about TWEEN
Il ty Wills. f'l tA " sts5ffFs