The Chapel Hill weekly., 1944-12-22

I-N~y, D~NNH"ONi --'
Ackand expressly University North Carolina as his
next choice for thocaon the permission
to erect building the of Duke University could
be obtained becomes clear that the view of the Court
Mr. Akand wishes would probably be best by naming
Chapel Hill as the substitute location for the musuem
It interesting to that his opinion Miller used
Professor SCOTS writing the law against him. and
with telling effect The Court directed that the be
the lower court with instructions proceed accordance with its
opinion So ended the second episode in this legal battle
CertiOrari to the Supreme Court
10 conclude that the heirs would acknowledge defeat
withdraw from the the Court Appeals they
should do to underestimate their tenaciy fight
the matter through until the baest possibility of victory
had disappeared They filed in the Supreme United
States petition for writ Of certoartheeby requesting
higher court of the land review the findings of
the Circuit Court Of Appeals The trustees Uni
verSy of North Carolina and Rollins College joined in
opposition to the granting of the writ and again they
orous On February ID 1914 the Supreme the United
States dened the petition for cerora whereupon the mandate
the Circuit Court Appeals issued and sent down to the
lower court directing proceed the Court of
Appeals decision
Further Lower Court Proceedings
time.
1t not to be Overlooked that the purpose of the suit thus
far determine whether Mr. Acands next of kin
his nephews should be eliminated from the picture 50
far distribution Of the charitable were concerned
and that even with the next Of kin eliminated there still
main the question whether the University North Carolina
Rollins College, or other Southern university should be
substituted in the place and stead of Duke Accordingly after the
case sent back the lower the requested to
enter Judgment the purpor and effect of which drop the
next Of kin from the suit the University of
North Carolina to intervene and file its countercam reaign the
parties 50 as to make the executors and trustees the plaintiff
the University OF North Carolina and Rollins College defend
ants and authorize the trustees make investigation and re
port back to the Court their whether the
University Of North CaroIna,o Rollins College, other
Southern university should be in the place Of Duke
The motion for such judgment argued Court
on March H 1914 Again the next Of kin protested and sought
prevent their final elimination case 1t was argued in
their behalf he firm Of Hogan Harrison having resumed their
role as attorneys for the next Of kim that the of Circuit
Court Of Appeals decision merely overturn the lower
courts previous action in granting the motion of the of kin
tor judgment on the peadng and that this placed the
same status as though such motion when originally made had been
denied by the lower court If such had been DONE argument
continued the would have gone trial So
concluded the next of kim the should be
point where had been previously Interrupted by the filing of the
motion for judgment the peadgs and should be its
merits.
This strange indeed to one who has read
the opinion of the Circuit Court of Appeals and has
from how definitely the Courts conclusion that property
which Mr. Ackand had left distributed to some
Southern university under the doctrine of and that d
vert his estate to his relatives would violate the expressed and
most positively stated intention of his will the
court not swayd by arguments and readily
signed and entered the judgment the prepared and pre-
sened to it. This concluded the what might be termed
the second District Court phase of the case
Second Appeal to the Circuit Court of Appeals
The next Of kin then appealed the Circuit Court of
Appeals for the second time conendng that the Court
erred IN entering this judgment The trustees the
University of North Carolina and Rollins College have Joined in
brief of opposition the the next of kin and the
case now pending before the Circuit Court Of Appeals awaiting
date to be set for argument
II 1et that the present action and activities of the
serving merely delay the final determination of the case and
ha they hopeless fight In other words it is believed
that when the reached the Circuit Court of Appeals will
make snort work OF this appeal and approve the
lower signing the Judgment such the case the task
Will then remain for the University of Carolina and Rollins
College to present to the executors and complete COM
pation of evidence support of the each that it
entitled TO the trust fund in preference other
Each of the two institutions having assembled its evidence il
submit