The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-02-15
Of How Much Land is Really
Necessary for Court
House Purposes.

IL the sole judge OF how much land
is necessary for court house purposes
and, If it has acquired more than is
requisite or desirable for that pur-
pose, II may dispose of the surplus,
The question arise in suit Of Ex-
Sheriff Keatley ct al vs.. the county
court OF Summers county. The county
court attempted to dispose of por-
tlon of the square on which the county
court Is located, to the United States
government for federal building.
Objection was made and the case
finally came to the supreme court of
the state, which held that the county
court had the right to dispose of the
property, under the deed by which
the property was acquired by the
county, in this. opinion it affirmed
the, circuit court below. A rehearing
was allowed and in disposipg of the
case again the higher court held as It
had injthe first instance, y
THE county court has the disere-
lion toedispose OF such surplus ground
to the. United States government, for
the purpose Of government building,
at less price than could be realized
by sale thereof to individuals for
private USE" is one of the points in
the case, and "a deed conveying land
TO county court for court house pur-
poses which provides that the judicial
proceedings for the county shall be
held upon the premises, but which
does not expressly provide that the
title shall revert in case the land
should cease to be used, does not
amount to restriction upon the right
of alienation by the county court"
The effect of the decision of the
supreme court is that the, city of Hin
ton will secure federal building and
that it will be placed on the same
square in which the court house
stands. The opinion of the court was
written by Judge Williams and con-
Cured in by the other members Of
the court.
Marion County Case. E =
BY reversing in part and affirm
ing in part the circuit court Of
Marion county in the case of Arnett
VS.. Fairmont Trust Company, etc,
ct al, the supreme court of appeals
in an opinion written by Judge Miller
decreed that P. B.. ogden and
others, trustees of the Baptist
church, are not entitled TO the s1Q,-
600, as provided in the will of Mrs,
g. w. Arnett, and also refuses to
affirm that part of the will giving
$4,000 to be used in the way God
may direct for His cause" because
the bequest is wholly void for un-
certainty.
Mrs. Arnett's will was in her own
handwriting. The paragraph to which
exceptions were taken, were raised
by the plaintiff, Glenn j. Arnett, SON
of the testatrix, although the,
Falrmont Tust Company is made de-
PENDANT, because it is administra-
tor and executor of the estate of G.
VS. Arnett, deceased, also desired
that the court interpret some of the
provisions Of the will. T., The two
paragraphs bequeathing the above
amount read as follows; Ten
thousand dollars to- be; placed in the
Baptist,gchurch to be used for the
Lords work in the way he may di-
rect =, The one Sbequeathiuga the
$4,000 was as follows:
Dy%Should j not live place in the
hands of my two brothers, Drs. w.
c. Jamison and J IA. Jamison and
the Rev. w. j. Eddy the sum Of
$4,000 Cor II one or more of said
parties should not be living that the
Trust Company select two Christian
men in place of absent one) to be
placed and used to the very best of
said parties knowledge in helping
the poor and those who are deserv-
ing, in lifting young men up and
helping the work along in putting
down intoxicant drinks and saving
souls. Let this money be used in
the way God may direct for His
cause. :" l.a,-.r FAB. #
The plaintiff expresses his willing
ness, however, that the Baptist
church, to whom $4,000 was given.
should be paid.
The will closed with the express
sion: III any money. is left after
distribution, let 1t be returned to
the estate of c. w. Arnett."
The higher court holds this last
clause is valid, saying; Clearly
the two requests of $4,000 and
$4,000 are void for uncertainty.
This is practically conceded. The
main contention is as to the last or
so-called resIduary clause. 1t is