Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-10-18
WILL ASK COURT TO-DAY
TO DISMISS MORGAN SUIT
Acknowledgement to Take Steps to
End Famous Litigation
Over Will.
FAIRFAX TO GET DOCUMENT
Pollard Will Hand Over Martha
Waslington's Last Testament to
County Clerk Richardson for Per-
manent Custody.

In the Supreme Court of the United
States to-day Attorney General Pol
lard Will move to dismiss the suit OF
the Commonwealth OF Virginia against
j. +. Morgan. of New York, brought
to secure the return of the Martha
Washington will. Immediately follow
ing the action of the court Mr.. Pol
lard, under instructions from Cover
nor Stuart, will deliver the historic
document TO r. w. Richardson. clerk
of Fairfax County. to be placed In the
vault Of the Fairfax County Court
house. from which 1t was taken by
Union soldiers in 1852.
The Attorney General left yesterday
for Washington with the will In his
possession. 1t was delivered to him
Saturday by the Governors secretary,
Alexander Forward, following the de-
cision of the Governor last Thursday
that the will should be returned to
Fairfax County. in accordance with
the act OF the General Assembly. under
which the fight for the recovery Of
the document was begun.
ADJUSTMENT AvERTs
TROUBLESOME LITIGATION
With the will back in Fairfax Court
house, after fifty three years, there
Will be ended what promised to be
long -drawn-out legal battle for its
return to Virginia. For more than
half a century after the death Of Mar
tina Washington, wife OF the first
President of the United States. her
last Will and testament" rested In
the courthouse of the county in which
Mount Vernon, the Washington estate,
is located.
When the Federal soldiers overrun
Fairfax in 1862, they took possession
of the courthouse and used II for bar
racks and hospital purposes. Many
valuable documents which were iiled
there were mutilated by soldiers igno-
rant of their worth from historic
standpoint and the story goes that the
Martha Washington will was found
lying on the floor of the clerks Of
fee by a Union officer. He picked It
up and preserved II until his death,
when II passed to his daughter She
in turn sold II TO j. Pierpont Morgan,
father OF the present financial king.
LEGAL FIGHT BEGUN AFTER
ELDER MORGAS'S DEATH
The fight for the recovery of the
will began after the elder Morrans
death. Fairfax County's representa-
tives in the General Assembly urged
and secured the passage of an act d-
rectinG the Governor to take legal
steps. in the name of the Common
wealth, to recover the document The
Governor undertook to carry out the
to Mr.. Morgan to surrender the will
The multimillionaire offered to place
II In the Library Of Congress, taking
the position that it was document
OF national historic value, but there
was no authority for the Governor to
agree TO such a program.
The Attorney General was instructed
70 bring suit in the United States
Supreme Court and, before this 40
ton was set for hearing, Mr.. Morgan
surrendered the will unconditionally
for delivery to the Governor. Mr.. Nor
gan suggested that the document re
placed In Mount Vernon. and offered
to provide hre-proof receptacle there
The Board OF Supervisors of Fairfax
passed resolutions requesting the Cow
ernor to return 1t TO it's original place
Attorney-General Pollard ruled that
there was no alternative for the Gov
ernor under the act of the General AS
sembly.
In the Fairfax County Courthouse
Martha Washington's last testament
will be placed in n fire-proof vault In
the records of the same courthouse Is
the Will OF her husband. the first Presi-
dent OF the United States.