Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1913-09-12
COURT ENTERS ORDER
TO PROTECT GRAVE
Following Decision Of Former Judge
E. Boyd Faulkner the President of
the County Court viii Execute Or
der IN Caring For the Grave of 10.
siah /. Alexander.

1t Will be remembered that when
Josiah L. Alexander, died he left a
considerable sum Of money to certain
trustees to be used In caring for his
grave in the Episcopal cemetery az
Hedgesville. AS the trustees could
not lawfully handle the money the
case was brought before former
Judge +. Boyd Faulkner, who was
then on the bench. for an opinion.
The court held all parts of the will
valid except this one, and directed
that the sum of 500 be set aside
for that purpose and that the presi-
dent of the county court and his sue
cessors shall be charged with the eX
ecution of the order in this respect
In compliance with the Instructions
Monday the court entered the follow
ing order:
In the matter Of the bequest Of
Josiah II. Alexander, decd
Whereas, by The last VIII and les
lament Of Josiah L. Alexander, decd
duly probated and Of record in the
office of the clerk of this court in
viii book No. %, page %, it is pro
vided amongst other things as fol
lows;
"VII. | bequate to Jacob If.
Miller William H. Kilmer and
Geo, 4, Kreglow, JUSTICES for the
purpose Of maintaining my but
raj lot in the Episcopal cemetery
in Hedgesville, two hundred dol
lars, they TO use the interest only
for that purpose,
And whereas, the said bequest has
recently been declared VOID by the
circuit court Of said county;
And whereas, this court was made
the residuary legatee OF said testator
and has received as such property OF
more than ten thousand dollars in
value;
And whereas, there S now no au-
thority under said viii by which the
personal representatives. of the tesla
tor can properly provide for the care
and maintenance of said burial lot,
and there appears to be no person
or persons who are willing to assume
such responsibility, and said Gene
terry is not owned or controlled by an
Incorporated society;
And whereas, common gratitude
on the part Of a beneficiary Of such
munifcence. especially, when ded-
Gated to the Use Of the poor
of the county," would seem to lay
upon this court, with irresistible force,
the plain moral, if not technically
legal duty of safeguarding and pro
tecting its benefactor's place of sep,
ulchre from the want or depreciation
of the despoiler;
And the court being Of opinion
that but small sum of money will
be necessary to properly and secure
ly enclose said lot, and thereafter
maintain the same. and that the ex-
pense incident thereto should be
charged against its said legacy; ;
1T is therefore ordered that the
sum of 800, or so much thereof as
may be necessary, be and the same
is hereby appropriated from said
legacy, for the purpose of enclosing
said lot by a suitable and appropriate
fence, and that the sum of SO, or so
much thereof as may be requisite, is
hereby appropriated from said legacy
for the current calendar year to be
applied to the care. maintenance and
upkeep OF said lot, and like sum Of
$40 or so much thereof as may be
necessary, be annually appropriated
hereafter for like purpose in perpet
ual recognition Of said testator's
bFielti tutFs anu III Atit event 9ft'A
legacy shall be fully consumed in the
use to which it was given and that
source prove unavailIng for the main
tenance aforesaid. then such annual
appropriation shall be included in the
estimates OF expenditures of the coun
ty and provided for by levy as a part
of the fund required for county pur
poses.
1T is further ordered that the pres
dent Of this court and his success
ors in office from time 10 time. shall
be charged with the execution of the
duty in respect to said lot hereby as
sumed and the expenditure of the
moneys hereby authorized"
NOTICE.
To Whom II May Concern: