Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1912-11-01
CHURCH TAKES APPEAL.
Congregation Sues For Real Propert!
of Testator in Culpeper.

Richmond Va, Nov. 1.-The lltlga-
ton entitled asst. Stephens Episcopal
Church and others VS. William {. NOT
risr administrator and Others" is now
pending in the Virginia Court OF APP
peals, is a case in point.
It comes from the Circuit Court OF
Culpeper, and, as an appeal has been
granted the appellees, the questions
at issue will be thoroughly threshed
out.
Here is the "story" back of the le-
gal contest: William c. Norris was
an eccentric bachelor who resided in
Culpeper and died May II, 1909. For
twenty years he had lived all alone,
hut his will shows that the family IN
stjnct was strong within the man. Sew
eral generations of his ancestors sleep
in the leafy yard Of st. Stephens
Episcopal Church, of which they, as
we'll as the testator-were members.
But their graves were-and still are
unmarked-a thing which evidently
touched the heart Of the hermit bache-
lor. Moreover, he sorrowed for de-
parted sister, Miss Annie Norris, VINO
in life ha dbeen trained nurse anG
who contracted liphtheria from pa
tient at Gainesville, Md, and went to
her grave in that little town.
In June, 1896, Norris is prepared a
most peculiar will, which read IN part
as follows: have $22.42 on my per-
son and $3.50 in bank. If / die ]
leave everything real and personal to
the Episcopal Church (St. Stephen's)'
of Culpeper. They to allow me sepul-
cher in the church yard and also my
sister who is to be brought from Ca
louisville. Six hundred dollars IS to be
devoted to buying six tombstones for
nv mother, father, self and sister ana
two aunts, an account Of whose BIRTH
deaths, ETC., will be found in my Bible
which has my name on the back IN
pilt letters. ! desire half my property
TO be devoted to putting a brick ana
iron fence around the church yard
with an inscription stating 1t to be
in memory Of my sister, Anne L.
Norris" An unsigned paragraph OF
the will further says: 81 have S2oV
in Manassas Court House bonds.
At the time Norris made testament
ta,v disposition of his property he
owned realty worth then $4,000 or
sic. 600, which since has greatly en-
HANGED in value. Some, of this he sub
seouentlv sold or traded, but IN turn
he acquired other property Of conSld-
cradle value.
It was not until some time after the
testator's death that his will was
found and meanwhile an admins
traitor of his estate had been appoint
ed.
When the will was offered for pro-
bate the Norris heirs interpoSed OBJ
iections. They insisted that his men
tai condition made the paper Invalid.
But the court held otherwise.
Then the instrument was attacked
in another way, but on grounds rather
too technical FOR understanding OF
a layman.
Suffice it to say that the lower court
held that the church could get the
personality under the instrument, but
not the realty.
And as the realty represents by far
the greater part Of the estate litiga-
ton follows.
Inasmuch as the congregation, which
sues through its rector and vestrymen,
has been allowed an appeal, it would
appear that it stands at least a fight
ING chance of winning the suit. And
maybe it will ultimately get all the
property, but as to that none save the
five judges Of the appellate court can
say.
A stated convocation Of Mount