The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-06-09


granddaughter, nor have l acted in
this matter through any prejudice to
any one. II may be possible that the
disposition of my property as herein
made may not give satisfaction to my
said granddaughter, or to Gideon Lee,
her father and guardian, but l trust
that neither the one or the other.
will ever attemp to Illustrate, or de-
feat the purposes which l have here
In sought to accomplish but will re-
spect the settled desire of my life, as
contained in thfs my will But should
my desire and request as herein ex-
pressed. be ignored. and should Cid
con Lee, as guardian Of my said grand
daughter. or should my said grand
daughter herself - attempt to
contest my will, or attempt to invali-
date 1t. or attempt to change or alter
1t in any particular whatever, then it
Is my will. and l do direct, that such
attempt or attempts to contest. alter,
change or invaiidate my said last will
and testament. or codicil hereof shall
as soon as commenced, work an abso-
solute revocation of my entire and Of
all my bequests to my said grand
daughter, Florlde Isabella Lee, as
made in the fifth item Of my said last
will and testament and then, in that
case. my said granddaughter, Floride
Isabella Lee. shall receive no part of
my estate whatever, and the money
and articles mentioned in the fifth
item OF my said last will and testa-
ment shall. go to my executor and he
held by him subject to the trusts and
conditions contained In items /, and
OF my said last will and testament;
These items are quoted at length to
show that Mr.. Clemson foresaw the
contest that was coming. and desired
to avoid 1t If possible. Mrs. Andrew
Calhoun, the lady recently referred to
in the governors message to the gen.
cral assembly, Is Miss Floride Isabel
10 Lee. Mr.. Clemson's granddaughter.
Mr.. Clemson's will was bitterly con-
tested In the state courts and finally
went to the U. S. supreme court where
it's validity was upheld. The conten-
tion made by Mr.. Gideon Lee, acting
for his daughter, was that the Fort
Hill place had never been legally pos
sessed by Mr.. Clemson. and therefore
could not be given by him to the state
This claim was urged in spite Of the
fact that the estate HAD been wiiled
him by his wife absolutely fee sim
pie" in 1875, and that he had been In
continuous and undisputed possession
from that time until his death In 1885,
In spite Of her contest the Sic 200 was
paid to Miss Lee.
Having outlined the history of the
property upon which the college Is
built, let us return to consider the part
which South Carolina through it's gen.
nral assembly had in accepting the de-
wise and hequest of Mr.. Clemson,
mcnt Of "The Clemson Agricultural
which acceptance led to the establish
College," belonging 10 the state, in
stead OF the. Clemson Scientific
School or College," belonging to the
seven life trustees, named in Mr..
Clemson's will.
In November 1889. the gene raj as
sembly passed acts authorizing the ac-
ceptance OF the bequest Three sec
tions are quoted from the act.
Section 1900. The Honorable
Thomas G. Clemson. having departed
this life on the sixth day OF April, A.
D.. 1888 leaving of force his last will
and testament wherein he de-
viseti and beqnested the Fort Hill
plantation. as well as al his other
property. BOTH real and personal, ex-
cept certain legacies in the said will
mentioned, and provided for. all In
trust 60 convey to the state Of South
Carolina when the said state shall ac-
cent the same for the purpose Of es-
.tabliBhing and maintaining an Agri-
cultural and Mechanical College upon
terms and Conditions OF said will, the
rtate Of South Carolina hereby ex-
pressly declares that It accepts the.
deyise and bequest of Thomas G..
Clemson subject to the terms and
conditions set forth in his last will
and testament = =. .
s'Section 1902. The said college
rhall under the management and con-
troll of d board OF thirteen triil.ees
coInh0sed of seven members,l norni-
mated by said viii and their successors
and sixs members TO be elected by the
legislature In join3 assembly.
Section; 1904. Tint It shall require
| a two-thtfdh vote. .sof said trustees to
l'authorize the expenditure Of any mon
eya appropriated TO :said college by, the,
state. or, to authorize the sale, or trans-l
fer o: reinvestmefitof oft any property
or moneys arising from the sale Of
any property under the provisions OF
this act" 81 asg: ~.
Special; attention is DIRECTED to the,
words In tile first section "the state
| Of South, Carolina hereby expressly
declares that it accepts the devise aud
bequest OF Thomas G.. Clemson sub
ject to the terms ami conditions act
forth In his last viii and testament." !"
| Do; these words accepting q vaiu-
\ able consideration and agreeing to
licertain conditions constitute COM
tract between the state Of South Caro-
lima and the dead Thomas G.. Clemson? :?
That is q question which only the