Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-07-17
GEORGIA REGIMENT
WINS COURT FIGHT
FOR ESTATE SHARE
BY THEODORE TILLER
Atlan+a Journal News Bureau,
409 Evans Building,


WASHINGTON, d. c., July IA
In lengthy decision rendered here
Saturday afternoon Chief Justice
Walter T. Mccoy, of the District of
Columbia supreme court, sustained
the claim of the First volunteer regi-
ment, of Savannah, Ga, for share
in the estate of Miss Maria F. Nc
Gala who died here in March, 1919,
and left a will in favor of five
Georgia beneficiaries.
The decision of Chief Justice Nc
Coy denies the claim of the survi-
vors of the old Seventh Volunteer
Infantry" regiment recruited
around Atlanta in Civil war days
that it was included in the McCalla
will.
Miss McCallas will designated
John E. Larner, Washington banker.
as trustee and directed that he con-
vert the estate into cash and divide
the proceeds among five beneficiaries
as follows:'
The Union society, of Savannah; the
Georgia intirmary, of Savannah; the
Savannah hospital, the Savannah
volunteer guards, and the Seventh
Georgia regiment, OF Georgia"
The estate is worth considerably
in excess of one hundred thousand
dollars. The lawsuit arose over the
use of the term Seventh Georgia
regiment, of Georgia"
Survivors of the old Seventh vol:
unteer infantry, an Atlanta organ
ization who sent witnesses here to
testify, claimed that one-fifth of the
estate belonged to that organization
and stressed the point that in the
McCalla will the word Savannah"
had been written in and then marked
out in designating the regiment IN
the will.
The Original Phrase
The phrase originally was 1.-The
Seventh Georgia regiment, of Sd
vannah, Ga" Attorney for the Sa-
vannah claimants argued that the
mixup was caused by clerical err
ror
John 3. Larner, who drew the
for Interpretation of the disputed
item. He testified that a Mrs: Ba!n'
whose property Miss McCalla in
herited, stipulated that Miss Nc
Gala herself, should will the prop
erty to Savannah institutions and
that he and Miss McCalla visited
Savannah to select the benef1clarles
and asked Colonel Henry c. Cum
ningham to make up list OF Sa'
vannah institutions.
From this list, which was after
wards lost, Mr.. Larner drew the
will, he stated, but in comparing the
draft with the list as he came 10
the name of the fifth beneficiary ne
either struck out the word Sa' n
or had Miss McCalla do so because
il did not appear to be part OF the
organizations corporate title.
Mr.. Larner said he was satls1leo
that neither Mrs. Balm nor Miss NC
Gala intended to leave any property
TO anv organization except in Sa-
.vannah. the estate having originated
in that city with Mrs. Bain's grand
father.
many pages and reviewing many
will contests Chief Justice mccoy
held that the testatrlX clearly IN
tended. to give fifth Of her estate
TO the First volunteer regiment oL
Savannah. ii, ),
Beyond the words of the VIII,
-said the decision, mot a single cir
cumstance has been proved 10 Inai-
cate that the association OF surNlV
ors of the Seventh Georgia regiment
is named in the will. 1t is not &C.
bu name Inere |
ia nothing to show that the tesla
trix ever heard of the regiment or
association or any member OF 1t put !
onlv the slightest possibility that
she NAV have so heard through
reading the Washington newspapers |
on the occasion of two visits of mem
hers of the association of Virginia
when some of the members came 10
Washington.
It is now shown that she herself
was in Washington at those times
In those newspapers the. visitors
were referred to as the association
of survivors as we'll as the Seventh
Georgia regiment and as the surVlV-
ors of that regiment. The regiment |
had and the association has an
identity with Atlanta and the sur
rounding country but it is not shown
that the testatrix had" |
Justice Mccoy concludes THAI MISS |
McCalla and Mrs Balm before her
intended that the estate should go
to Savannah beneficiaries and that
the survivors of the old Atlanta reg |
iment have no claim to a share IN
the comparativel large estate. 4
0ouhlp Wreck Victim