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OLD ISSUE OF MOUNTAINEER
CONTAINS CLEMSON'S WILL I
The Purpose of Thos. Clemson in e
Giving the College to The a
Greenville Daily Piedmont. a
The following item from the Moun- P
taineer which appears in the issue of 1
May 2nd.. 188S, will no doubt be of S
interest to the people of*this city s
and county and also of the State as 1
the Clemson college is under fire of s
public criticism at present. The old
issue of the Mountaineer contains
.this item given below with comments
on the will of the late Thomas G.
Clemson, of Fort Hill, S. C.
The account follows:
Mu.a 'has been reecutly published
froa :umor of the dispositions made I
in the last will and testament of the
late Thos. G. Clemson, of Fort Hill.
On Friday. the 20th inst., Col. R. W.
Simpson, the executor, had the will t
proved in the common form before t
the probate judge of Oconee county, j
by oath of James Hunter, one of the
subseribing witnesses to the will, and Z
of R. M. Jenkins, one of the witness- t
es to the codicil. The instrument is
lengthy and carefully drawn. The pre
liminary statement and concluding
tenor of the will and codicil, show
that the establishment of an agricul
tural college has been long in the
mind of the testator. We quote a
sentence from the preamble as fol
lows: "Feeling a great sympathy for
the farmers of this State and the dif
f-culties with which they have to con
tend, in their efforts to establish the
business of agriculture upon a pros
perous basis and believing that there*
can be no permanent improvement in
the agriculture without the know
ledge of these sciences which pertain
particularly thereto, I have determin
ed to devote the bulk of my property
to the establishment of an agricultur
al -college upon the Fort Hill place."
Again, "My purpose is to establish
an agricultural college which will af
ford useful information to the farm
ers and mechanics,"' etc. Apart from
such direct expressions of interest in
the great wealth of producing indus
tries of. the people and the impor
tanee of affording to the youth of the
State the advantage of scientific cul
ture as a sure means of developing
our highest material resources, con
?ained in the will, t'hose personally ac
qu.ainted with Col. Clemson well
'knew the provisions of the will are
in accord with the expressed views of
tihe testator for many years prst as
-lso with the active interest he mani
fested years ago in all efforts by the
farmers to build up and establish ag
rieultural associations, fairs and such
like for mutual benefit and instruc
When the society at Walhalla was
organized, Col. Clemson took active
interest in it, frequently attended its
-meetings and once delivered an ad
dress before it on scientific agrieul
'tare, replete with thought and usef,ul
information, and which was published
in our local paper. He was a man of
broad and liberal views, of extensive
information and in his bequest gave
form uid life to views, long entertain- E
ed, and in so doing has proved himself ~
a public benefactor. His will so op
erates, and whether contested or not,
its provisions cannot be attributed to
a sudden freak or fancy, but to an
earnest. long considered purpose to
,dignify labor as well as to render ~
mnore profitable and attractive the .
leading iudustrial pursuits of the
EState, the highest motive a worthy t
inan could have.e
History of the Instrument.1
From tihe '.remable it appears that a
~Col. Clemson made and signed a will i,
on the 14th of August 1883, substan
tially the same as the will left by b
aim, especially in the disposition of c,
the property. That will was drawn
by Col. James H. Rion, of Winns- F
boro, then and up to his death. one -a
of the first lawyers of South Caro
lina and Mr. Rion was named as ex
as the present in its bequests, provid
ed for t'he establishment of a scien
ecutor. That will, in the same terms
tifie institution on the Fort Hill place
and presribed what course of studies
should be pursued. Being fearful 1
such provision might operate as an
obstacle to the aee-eptance by the
State of the donation and success of
the great object in view, the present
*will dated November 6th. 1886. wasa
prepared by Col. Simpson, he fol
lowing the original draft, excep inb
~preamble, in which, after disclaiming
any purpose to limit the course of
studies to the sciences named in t'he
will of 1883, he gives to
the trustees named in the
will, with such trustees as may bea
appointed by the State, in case it ac
cepts the donation, plenary powers to
regulate all matters pertaining to the
studies, government and all matters
sub.ject only to the keeping in mind 0
the benefits sought to be bestowed on k
the "agricultural and mechanical in- e
dustries." The death of Col. Rion
subsequent to the date of the last will. d
ledto hemaking of the codicil, i
11 was igned on tIe 26th of
larcb. 1887, in which Col. R. W.
impson, of Pendleton, is appointed
Yecutor. and some alterations made
s to certain specific legacies. -These
tiree papers, connected as they are
y the contents of the present will
nd codicil, speaking .the same great
urpose of the testator, opened and
beralized by the will now in force,
how the fixed purpose of Mr. Clem
on to establish an agricultural col
1ge and remove any obstacle to its
Abstracts of Will.
Item 1-Bequeaths the Fort Hill
>lace, containing 814 acres, more or
ess, to the executor. in trust, that
vben the said State shall accept sih
>roperty as a donation for t pur
>ose of fou,ding a;n agricultar. ce
ege thereon, ia ac(crdance wit..i the
-iews of the will (of which theu cief
ustice of S01tN Carolina sh.11 be
he judge.) Tie executor shall deed
he place to f.e State and turn- over
o it, as an n L-wment of sai-1 'nsti
ution, all the property here'iafter
iven for that purpose. Provided the
tate shall signify its acceptance of
he donation and begin a practical
arrying out hereof within three
ears after the probate of the will.
ntil such acceptance the executor is
o invest the net produc- of the land
Lnd other property for the endowment
.nd, if accepted by the State, and
f not so accepted for the school -here
nafter provided for.
Item 2--Appoints R. W. Simpson,
). K. Norris, M. L. Donaldson, R.
. Bowen, B. R. Tillman, J. E. Wan
amaker, and J. E. Bradley, seven in
iumber, trustees, with the power to
ill vacancies from any cause, in per
)etuity, and expressly denies the
tate the power to take any away or
tbridge the powers or number, but
:he State may provide through the
egislature, as it sees proper, on ac
epting the donation, for the appoint.
nent or election of six other trug
:ees, the maximum number of trus
ees being limited to thirteen forev
r. The last clause of this item
eads: "The name of this shall be
he Clemson Agricultural college, of
outh Carolina.'" The trustees are
equested to meet as soon after th*
leath of the testator as practicable,
ill a!- vacancies, if any, and proceed
t once to effectuate, as far as they
san, the purpose of the will.
Item 3-Upon the actual ref usal
>f the State to accept the donation
nade in and upon the terms of the
ill, or upon its non-acceptance:. by
:he State within the three years, upon
;he terms and conditions named, the
lonation to the State is revoked and
:he executor in execution of his trust
;hall convey the "Fort Hill place and
icumulated fund arising therefrom
ogether with all other property, real
>r personal hereinafter disposed of
nd intended to be given to the said
gricultural.college, as an endow-nent,
:o the seven trustees nam d above
>r their successors, who shall erect
ipon the Fort Hill place such a school
>r college for the youth of South
Iarolina, as in their judgment s'hall
e for their best interest.'' With a
>roviso that the school shall be prin
ipally for the benefit of the agricul
ural and mechanical classes and shall
e free to the pupils as far as the
nd and endowment fund will per
it. The trustees are directed to se
urely invest the funds and hold them
s a perpetual endowment of the in
titution, using only the interest and
come from tire land, except the trus
ses are permitted for the' cost of
recting stiitable buildings, to use the
icome of the land and accumulated
terest after his death and as m.uch
s $5,000 of the corpus, if necessary
their judgement. Then item closes:
The name of this institution shall
e the Clemson Seientific school or
Item 4-Directs the dwelling Qn
'ort Hill shall never be torn down or
Itered, but shall be kept in repair
ith all articles of furniture, etc.,
iven for that purpose, and shall al
ays be open for the inspection of
isitors, allowing such part of the
ouse to be used by professors as
e trustees shall direct.
item 5-Specifically bequeaths to
is granddaughter, ''All my silver
late and table silver, also all the
mily pictures except the large pic
ae of John C. Calhoun, now hang
ig in my sitting room; also any one
rticle in my residence she may se
et as a memento of me; also my
eorations. and also the sum of .$15.
0 to be paid to her,'' etc., with a
rois that in ease of her death un
tarried and before she is twenty-on.e
1e property in this item shall revert
d become a part of the residue of
1e estate, subjec.t to the trust and
ndition of items 1. 2 and 3 of the
Item 6-Bequeaths a legacy of $3,
O to Mrs. Prince his faithful house
eeper, etc. (This is revoked in the
Item 7-Bequeaths $3,000 to the
aughter of his -bousekeeper. to be
Item S-Bequeaihs to James if.
Rloln is signet ring and a picture he
ia* y seleet as a memento. (Rovoked
in the codicil.)
Item 9-Bequeaths to his executor
subject to the trust of items 1. 2
and 3 of the will and for the pur
pose of adorning the Fort Hill resi
dence. as provided in item 4 of the
will, all his permanent furniture, re
lies, paintings, etc., books, etc., not
otherwise herein disposed of.
Item 10-Directs the executor to
sell at public or private sale, as he
may deem best, all his personal pro
perty not disposed of, and also to
sell and convey all his real estate
outside this State at public or pri- Gel
vate sale as he may deem best, and
hold the proceeds subject to the
trusts and conditions of items 1, 2
and 3 of the will. of 1
Item 11-Reads: "All the residue the
and remainder of my property of ev- keel
ery kind and description whatsoever peai
after paying off the legacies above dres
provided for, together with the pro
perty which may revert to my estate, '
should it revert thereto, and the pro
ceeds of tny real and personal pro
perty herein directed to be sold, and W(T/
all accumulated funds derived from
the Fort Hill place, and interests on Ho
my investments, I give and bequeath
to my executor to be held by him
subject to the trusts and conditions
of items1, 2 and 3 of this will." E
Item 12-Appoints Jame H. Rion
the executor. (Rovoked by the co
The following are the witnesses to N
the will. James Hunter, T. 0. Per- Mon
kins, E. L. C] Torrie. O'cl(
The codicil dated March 26th, tlem
1886, in its opening confirms the will Neel
of November 6th, 1886, except in so for
far as its provisions are inconsistent ly t
with the codicil. as I
Item 1-Directs the payment of his all
debts, etc., by his executor as soon said
as practicable. sam
Item 2-Revokes the item appoint
ing Mr. Rion as executor, he having
recently died, and appoints Richard
W. Simpson, of Pendleton, as execu
tor, also directs the words "James -
H. Rion" wherever t1hey appear in 5
the will be strioken oat and Richard
W. Simpson inserted in lieu thereof.
Item 3-Revokes 8 and confers on
R. W. Simpson the gifts therein To
made to Mr. Rion.
Item 4--Rovokes item 6, stating as F
a reason that the legatee therein had erati
been otherwise provided for. phis
Item 5-Limits the time when in- reun
terest shall b~e payable on the lega- way
cies made in 5 and 7 of the will to knoa
the period w'hen such legacies are due leav:
and payable by the terms of the June
Item 6-Authorizes the executor to t:hen
purchase that portion of the original ryu
Fort Hill tract set off to his grand- JU112
daughter and directs, if so purchased, P0Se
that it shall become part of the Fort man
Hill tract and shall go with and be char
disposed of as is done with tihe Fort man
Hill tract in the will. the
Item 7-Directs the executor to sell Ior.
all the real estate owned by him at rese
his death, except the Fort Hill tract, 0F
whether same lie in or out of the tieke
State of South Carolina.
Item 8-Gives to the executor,
whose decision shall be final the same g
power given in item 1 of the will to
the chief justice of South Carolina tq
decide when the State has or has not
accepted the donation made in the ~
first item of my will, provided the
chief justice shall decline to make 50
Item 92 Directs the executor to em- Sout
ploy proper persons to take charge of Nc
tile Fort Hill farm, dwelling and ar- dersc
tieles donated and pay what is prop- at B
er for such services. Nc
item 10-In view of the labor and p. m.
responsibility devolved on the execu- 'No
tor by the will, etc., gives to the exe
eutor in addition to the commission
allowed by law, five per cent of the in. ~
appraised value of the real and per. Sout]
sonal estate. N
Item.ll-Relates to a family set- derso
tlement with instructions to the ex- atecB
eutor in the matter avhich would be Ge
of no interest to the public.
Item 12-Reads: "The desire to No
establish such a school or college as 'i m.
I have p)rovided for in my last will om
and testamfent. 'has existed with me Nc
for many years past, and many years P- m
ago I determined to devote tile bulk from
of my property to the establishment toW
of an agricultural school or college. No
To accomplish this~ purpose is no0w p. mfl
the one great desire of my life," etc. from
The hope is there expressed that no No
one of the family will attempt to de- 6 29
feat or frustrate the settled desire necti<
of his life and sets out that any "at- bia.
tempt or attempts by them to con- No.
test, alter, change or invalidate my Ande
said last will and testament or codi- r.ith
ei lwreof. shall as soon as commence- --.n
ed. work an absolute revocation of No:
my entire avnd all my bequests,'' etc., -r-i
as made in item 5 of my last will and! No
testament. and directs tihe property 'ru.im
therein bequeathed to pass to the ex- \ nde
RE TO TUNE UP!
Into Your SummerTogs. t
you haven't any except those t
st summer you will find here h
kind you'll find necessary to a
the tone of your personal ap
ance up to that of the best
sed men hereabouts.
"hin Suits, Featherlike I
Weight, Like Iron in
%ar, Underwear, Shirts,
siery, Neckwear, etc.
,ook us over before buying.
'ICE OF FINAL SETTLEMENT
)tice is hereby given that - on
day, June 14th,- 1909, at eleven
lek a. n.. I will make a final set
ent of the estate of J. Calvin
deceased. in the probate court
Sewberry county, and immediate
hereafter apply for a discharge
ixecutor of said estate; and
persons holding claims against
estate are notified to present
a duly probated to the under
d on dr before said date.
Samuel P. Crotwell,
recutor of the estate of J.
Calvin Neel, deceased.
ay 10, 1909.
Wemphis, Tenn., Via Southern
>r accommodation of the Confed
SVeterans and visitairs to -Mem-'
,Tenn., on the occasion of the
ion June 8-10, the S'outhern rail
will operate a special train
vn as the "Veterans Special''
.ng Columbia at 1 p. in., Monday,
7th, running via Newberry,
nwood, Belton and Greenville
ce Atlanta and Birmingham ar
ig Memphis about noon Tuesday,
8th. This special will be comn
i of first class coaches and Pull
sleeping cars and will be in
ge of Brigadier General Zimnmer
Davis and staff accompanied by
state sponsors and maids of hon
-Southern railway passenger rep-.
tatives will give personal atten
r further information, apply to
t agent Southern railway or
W. E. M.eGee,
T. P. A., Augusta, Ga.
L. G. P. A., Atlanta,
LUE RIDGE SCHEDULES.
. 8, leaves Anderson at 6.30 a.
~or connection at Belton with1
aern for Greenville.j
.12, from Waihalla. leaves An
n at 10.15 a. mn., for connection
eiton with Southern Railway for
.20, leaves Anderson at 2.20
,for connections at Belton with4
gern Railway for Greenville.
.8, daily except Sunday, from
ialla arrives Anderson 6.24 p.
rith connections at Seneca with
1ern Railway from points south. T
.10, from WaIhalla, leaves An- ti
n at 4.57 p. in., for conneetcions c1
Iton with Sonthern Railway for n
iville and Columbia. c.
17, arrives at Anderson at 7.50
from Belton with connectionsc
.9, arrives at Anderson at 12.24
,from Belton with connections
Greenville and Columbia. Goes
19. atrives at Anderson at 3.40J
,from Belton with connections
11, arrives at Anderson at
p. mn., from Belton with eon
ms from Greenville and Colum
Goes to Walhalla.
7, daily except Sunday, leaves
rson at 9.20 a. mn., for WaIhalla, ot
connections at Seneca for localm
.17, 18, 19, and 20 are mixed pz
between Anderson and Belton. fia
~. 7 and 8 are local freight
, carrying passengers, between
eson and Walhalla and between
anla an?e Andersor:
- - . c:5
as many obstructions, but none so
[es perate as poor health. Success
oday demands health, but Electric
itters is the greatest health builder
be world has ever known. It corn
gls perfect action of stomach, liver,F
idneys, bowels, purifies and enriches f
he blood, and tones and invigorates f
he whole system. Vigorous body and
:een brain follow their use. You can't
Lford to slight Electric Bitters if
~eak. run-down or sickly. Only 50e.
ruaranteed by W. E. Pelham & Son,
~ewberry, S. C.
n 6Organ and
Some good square Pianos from $45 to $75.
Some good used Organs from $25 to $4s5
Should the purchasers of these instrumens
desire to exchange them in a few years fo
a new piano, we will allow' their market
,ahle as a credit on the new pianos.
Write at once for particulars, as bargais
Malone's Music House,
"The Home of Good Instruments''
coLUMBIA, S. C.
3HARLESTON & WESTERN CAE
OLIn A BY.
Schedule in effect May 31, 1908.
.jv. Newberry(C N & L) 12:56 p.m.
S gr. Laurens 2:02 p.m.
Sv. Laurens (C & W C) 2:35 p.m.
r. Greenville 4:00 p.m.
v. Lauens 2:32 p.m.
tr. Spartanburg 4:05 p.m.
v. Spartanburg (So. Ry.) 5:00 p.m.
ir. Hendersonville 7:45 p.m.
Tr. Asheville 8:50 p.m.
v. Laurens (C & W C) 2:32 p.m.
Ir. Greenwood 3:32 p.m.
tr. McCormick . 4:33 p.m.
r. Augusta 6:15 p.m.
Tri-Weekly Parlar Car line be
ween Augusta and Asheville. Trains
Ios. 1 and 2, leave Augusta Tuesdays,
Chursdays and Saturdays, leave
tsheville Mondays, Wednesdays and
Note: Th.e above arrivals and de
>artures, as well as connections with
ither companies, are given as ifor
nation, and are not guaranteed.
Gen. Pass. Agt.,
Geo. T. Bryan,
eenvine, S. C..
~or "Fly" Time
YOU'LL FIND OUR
1.00 Negligee Shirts
hey have that deep pointed yoke
2at means strength, that generous
it which means comfort and are
ade with extreme care from ex
.usive metropolitan patterns which j
ieans long and satisfactory service.
een Ollr Straw Hats Yet?
$1.00 to $2.50..
All executors, administrators. and
her fiducaries are urged to make an
al return, upon oath, of the receipts
id expenditures of such estate the
-eeeding calender year before the
st day of July as required by law.
Frank M. Schumpert.
J. P. .C.
May 5th, 1909.
M -N' e
HARD WA RE