The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1912-02-08
LIRBE sBN 1 MONEY
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the poor and for other religious and
charitable purposes.
She also left 10000 to the Baptist
Church
She also devised various sums Of
money. TO certain relatives.
The last, provision OF, Arss Arnett's
Will reads as follows: III any money
Is left after distribution let i be re.
turned to the estate iof Calvin W. AT.
nett.
She left@sufyfying her only one
child, Glent ]. Arnett
Some question having arisen as to-
the validity Of the bequest OF $4,000
to her two brothers and Rev. w. j..
Eddy and the bequest OF $4,000 to
the Baptist Church, in April, 1908, her
son, Glenn j. Arnett, brought suit
in chancery in the Circuit Court Of
Marion county against the Fairmont
Trust Company, administrator With
the will annexed; Fafrmont Trust
Company executor OF the estate Of Cal
win W. Arnett, deceased, Marguerite
Arnett (now the wife of G. Z. VII.
cox, Of Detroit), and others.
Prior to the bringing OF said suit
in chancery Glenn ]. Arnett assigned
| to the trustees of the First Baptist
church OF Fairmont, all of his right
title and interest in and to the sum
OF $4,000 which Mrs! Arnett in her
will had given to the Baptist Church"
and authorized the Fairmont Trust
Company administrator with the will
lannexedio Mrs. .Arnett, TO iturn over
and pay TO the said trlstaesithe, said
sum of $40, DBOEar a,onIsl,9 ~
at. theCJHiycterm; 19Oat ofi4he Cir
cult Court Of this county7a' final de-
cree was entered in the said suit in
chancery by Judge Mason holding that
the bequest OF the said sum Of $40.
900 to her two brothers and Rev. w.
j. Eddy and the bequest of $4,000 to
the Baptist Church" were void and
also holding that the last clause of
said will above quoted was likewise
null and void; and also holding that
all of the estate, except that devised
in the small requests, should go to
the plaintiff, Glenn ]. Arnett as her
sole heir, The court further decreed
that the Fairmont Trust Company,
as administrator. should pay to the
trustees OF the First Baptist Church
OUT Of the amount going to said Glenn
J.RArhete the amount aRsignednhynnm
to said ,trusteest5 !elq ,a1R s,sJtGgmog
From this decisions Of the dCtropitI
Gput4 Mrs. Wilcox and FaifmonteT Vti;>
lobmba1tys: asithe ieSecutorqo Of 1hes!es.
tate Yof Galyin IVY Arnett, deceased,
appealed to- the Supreme Court1ofI
Appeals, of this State. This. case was
Decided by that court yesterday. The
Supreme Court in deciding this case
reversed so much OF Judge Mason'sI
decision as held that the last clause
of Mrs. Arnett's will was invalid, The
Supreme. Court held the. last selauseI
gattl., which reads, as lohoTs;ah'I any
money left after distribution let,i II bel
returnedoto the,,.estate Of ealynitW'
AyRettl Z. .sailesHR ,.s1!gooS $t.l qtsI
NiThe. effect of,this decision. is tthat, AL
9fsthc estate, aof Mrs. Arpett, except
that covered by the small requests to
certain of her relatives, goes back
to the estate of Calvin W. Arnett,
deceased, to be distributed as part
of his estate and as directed by his
last will and testament.
The decision of the court is as fol-
lows:
Il. BeQuests by testatrix, one Of
100000, to trustees named, 10 be
placed and used to the very best of
said parties knowledge in helping the
poor, those who are deserving, in lift
ing young men up and helping thel
work along in putting down intoxi-
cants, drinks and saving souls. Let
this money be used in the way God
may direet,for His cause: the other Of
$4,000 "a be placed in, tie Baptist
Church 70 be used for Lords work inI
the way he may direcf,| are. void for
uncertainty, -,
"2, The residpary clause Of the
will of the testatrix, containing said
void requests Isl; II any money left
after distribution let it be returned toI
the estate of C. w. Arnett.' The mon
ey beQueathed by the testatrix had
all been derived by her through the
executor of the will of her husband,
c. w. Arnett, by her act of renuncia.
ton. Under the proof, said residuary
clause is valid, and, by proper con.
struction, means: If any money Isl
left, after distribution, let it be re.
turned TO the executor Of the will Of
c. w. Arnett, deceased, and so and
be distributed as a part of his estate
and as directed by his will"