The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-05
holds THAT DAISY L. cAsSEII.
WIDOW OF MN. ~ cASSELI.
Is Entitled 20 Annuity % Deceased
Decision Marks End o. 5ia
chaneery SUIT

judge " g Hervey entered hts fual
order in the will matter OF the Dollar
Savings a Trust Company 81 a. -.
Daisy l. CasseI ct al. executrix OF
D the will OF the late William a. Cas-
sell. deceased This brings TO an end
one OF the most complicated will cases
J that has been heard IN the local courts
for some time.
I The suit was brought about one
and one-half years ago 10 construe the
will OF Peter Casseu. deceased. re-
: garding the monthly annuity OF his
I son. William n. Casseu. deceased.
I The order holds that Daisy l.. Cassell.
/ eNecutriX. is entitled 10 the annuity OF
/ William II. Cassell. OF 500 per month
This order shows that on December
! ~. 1915. the defendants appeared BY
I their respective attorneys IN court for
hearing on the case That on this
same day they filed stipulations
wherein they agreed that the whole
OF the estate possessed BY Peter Cas-
sell at the time OF the execution OF
his Will. ana also at the time OF his
death. consisted of personal properly:
that the DEFENDANT Elizabeth Stamm
was Peter Cassell's only grand child
az the time Of the making OF his will
as well as at the time OF his death:
that Levi y. Cassell and his wife were
living separate and apart both at the
time OF the execution OF Peter Cas-
sells will and also at the time OF the
death: that the defendant Daisy L.
Cassell. and William n. CasseIl. men
toned in the pleadings. were married
and living together as husband and
wife AZ the time Of the execution of
the Will OF Peter Cassell. and at his
death.
The court. after hearing the argu-
ments OF counsel. rendered his opinion
on the construction of the will.
The annuity OF 500 every month di.
rected by Item seven OF said will of
Peter Cassell TO be paid TO the tesla
tors son. William n. Cassell. during
the lifetime Of the said testator's wife.
Elizabeth J. Cassell. continues payable
during the life OF the said Elizabeth
j. Cassell. Notwithstanding the death
OF William II. Cassell. and belongs TO
the estate of the said William II. Cas-
sell. and is, therefore. payable to the
defendant. Daisy l.. Cassell as his
cNecutriN. and the court doth accord
ingly direct and instruct the said
plaintiff 10 pay the installments of said
annuity which are now past due and
unpaid. and also all future Install
ments thereof which shall accrue dur
ing the lifetime of Elizabeth !. Cas-
sell TO the defendant. Daisy l.. Cassell.
eNecutriX of the will OF William II.
Cassell. deceased. The corpus. and
not merely the income. of the property
described in the last sentence, Item
nine" OF the said will of Peter Cas-
sell. as the other OF said three equal
I'M hNs sol
TO pass to the heirs and personal
Representatives" of the testator's son
William N. Cassell. but to be withheld
by the plaintiffs from distribution, and
even from segregation. until the death
OF the testator's wife. Elizabeth J.
Cassell. should she outlive the said
William II. Cassell. BY the heirs
and personal representative as used
IN the said last sentence OF the said
Item nine the said testator meant
and intended the person or persons
who. in the event OF the said William
II. Cassell dying intestate. would take
said William II. Cassell's estate IN
der the statute OF distribution OF the
state OF West Virginia.
The defendant Daisy l.. Cassell be
ing the only person who would be en-
, tilted 10 take the estate OF William H.
Ntrrfll ulutT the statute OF ulELrlDu-
ton OF this State. had he died intes-
tate. is therefore entitled to the whole
OF the corpus OF the said property de
scribed in the said last sentence of
Item nine" Of Peter Casselrs WILL as
: "the other of said three equal parts.
but she viii not be entitled to receive
I the livery and possession thereof I'M
Ill the death OF the said Elizabeth j.
Cassell. And the court doth accord
ingly direct and instruct said plaintiffs
that at the death OF the said Elizabeth
J. Cassell II will be their duty, after
I making the payment 10 the defendant
Elizabeth Stamm, provided for in
item nine" of Peter CasseIl's will. 20
divide the whole estate remaining IN
their hands into three equal parts. as
directed by said item. and thereupon
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Bliss. ct al vs.. Louis Iavina Bliss. ct
al. All matters in controversy had
been settled out Of court
Similar action was noted in the
/ chancery suit OF =. Willis Bliss vs.
| Caroline MCClymcnt
In the matter Of r. G. Franzheim
". q. W. Harmon. an order Of dis.
( missal was entered. These last three