The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-01-19


poses Of the donation"
Original Life Trustees.
In Item it is provided that "the
following named gentlemen, seven in
number, shall be seven of the board OF
trustees, to wit: R. W. Simpson, D. K,
Norris, N. L. Donaldson, R. E. Bow
an, B. R. Tillman, J. e. WannamakeI
and J. E. Bradley, and the State, If it
accepts the donation, shall never in
crease the board Of trustees to num-
Der greater than thirteen in all, nor
shall the duties of said board be tax
en- away or conferred unon any other
man or body Of men. t. seven trus-
tees appointed by me above shall al
ways have the right and the power is
hereby given them and their success
sors, which right the legislature shall
never take away, or abridge, to fill all
vacancies which may occur in their
number by death, resignation, refusal
to act or otherwise. But the legisla-
ture may provide, as it sees proper for
the appointment or reelection Of the
other six trustees, if it accepts the do
| nation.
In the third item of his will the
testator directs that in case the State
shall fail to accept and carry into ef-
feet the donation according to the
terms of the will, the seven trustees
named by him shall establish the
school or college provided for in the
will. This direction is given in the
following language:
In Case Of Rejection.
sItem 8. Should the three years ex-
pire without the State accepting the
donation, in manner as hereinbefore
provided, and if accepted at the ez-
piration of three years from my death
no practical. beginning has been made
to carry into effect the purposes of
the donation, or if before the three
years expires the legislature shall re-
fuse to accept said donation, then the
donation to the State is hereby revok-
ed, and my executor shall execute
his trust by conveying the said Fort
Hill place, and the accumulated fund
arising therefrom, together with all
other property real and personal here
matter disposed of and intended to be
fiiven to the said agricultural college
as an endowment, to the seven trus-
tees named above, or their successors,
who shall erect upon the Fort Hill
place such a school or college for the
youth of South Carolina, as in their
Judgment will be for the best inter-
est, provided that said school or col
lege shall be for the benefit of the ag-
ricultural and mechanical classes prin-
cipally, and shall be free Of cost to
the pupils, as far as the means derived
from the endowment hereinafter pro-
7ided, and the use Of the land may
permit. :"
In due time the legislature Of the
State passed an act, which was duly
approved by the governor on the 9th
day of November, 1889, whereby it
was enacted "That the State of South
Carolina hereby expressly declares
that it accepts the devise and bequest
of Thomas G. Clemson, subject to the
terms and conditions set forth in his
said will and testament. :" And
proceeded to make further enactments
establishing Clemson Agricultural col
lege of South Carolina and providing
for its control and management COLI
sistent and in accordance with IT,
terms and conditions of the will of the
said late Thomas G. Clemson.
Legally Accepted.
That in accordance with the provls.
ions of said will the chief justice Of
the State of South Carolina did ad-
Judge that the State Of South Carolina
has accepted the said donation under
the terms and conditions of said will.
The following was the finding and
judgment of the chief justice:
columbia, S. c., Supreme Court
Room, December s, '89: 1t having been
referred to lie as chief justice
State by R. W. Simpson, executor of
the will of the late Thomas G. Glenn
son, deceased, under the provisions of
said will whether or not this State
had accepted the device and bequest
-