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COURT DECISIONS. Notes ot.u'ase'b Recently Decided, Wliich^are of Interest to" Our People. DIGESTED BY W. B- MARTIN. ?V (Exclusively for Virelnlan-Dlot.) L" KEITH V. SCALES. Supremo Court of North Carolina, April IS, 1899. DEVISE IN TitUST FOR A MORA :VIAN CHURCH AND SCHOOL. AND THAT EACH MEMBER HAVE AN ACRE OF LAND AND HIS j CHILDREN EDUCATED FREE AT ; THE SCHOOL IS VALID. IF THERE ARE SEVERAL SUCH CHURCHES IT IS A LATENT AM? BIGUITY EXPLAINABLE BY PA ROL. IF THE AMBIGUITY IN A WILL IS AS TO THE TRUSTEE AND NOT THE "BENBFICIARTES EQUITY ?WILL NOT ALLOW THE TRUST TO FOIL. IBUCH A DEVISE IS NOT VOID FOR INDEFINITENESS, AND IS GOOD ALTHOUGH THE CHURCH AND SCHOOL IS NOT IN EXISTENCE. THE TRUSTEE IN SUCH CASE SHOULD HOLD THE FUND UNTIL AN INCORPORATION IS AFFECT? ED. This proceeding- was brought by the administrator with the will annexed of E. T. Clcmmons against his heirs at law, next of kin and devisees, to have the will proved in solemn form, and lor a construction of the same. He died childless. The testator devised and bequeathed his estate, estimated at $100,000, as follows: "After the above, then 1 will and bequeath nil the rest of my estate, including my wife's at her death, for a Moravian church and Bchool in my native town, Clommons vllle, Forsylh county, N. C. 1 desire the Moravian Church of SnlenVappoInt proper persons to purchase one hun? dred acres of land In or near Clem ihonsVHIe; to first erect a substantial church of brick, not to exceed in cost JlO.tHiO, a school building not to exceed in cost $10,001), nnd a comfortable house for the entire use of a Moravian min? ister and teacher. 1 desire each mem? ber of said church to have n lot of one acre of this land purchased at $1 each, ns far as the land goes, and his chil? dren to be sent to school free of charge ns long a:; any part of my estate re? mains to pay I ho expenses of said church,, then schunl. To be managed and controlled by the church of Sulem, N. C. It Is my Intention that all my estate, except as before stated, be used nnd managed by the Moravian Church of Salem, to maintain a church nnd school nt or near Clommonsvllle, N. C, and when, If ever, abolished, then to go to my nearest living relatives." The lower court held the devise valid and defendants appealed. The court says: It Is a matter between the two con? gregations commonly known as the "Moravian Church of Salem' as to which was Intended to be the trustee. This will not affect the validity or the devise or the rights ot the defendants. An uncertainty -an to the cestul quo trust Is fatal to a devise in trust, unless It Is a latent ambiguity, which can be ascertained. It Is otherwise where the ?uncertainty Is as to tho trustee, in which case the court will protect the trust, and, if need be, appoint a new trustee. Tho next two exceptions are that the Court erred In not holding that the trustee, the Moravian Church, could not 3:old property, real and personal. But, If there bad been no Incorporation, the court would hold the fund until "In? corporation could' be taken out, nnd, If that were not done In a reasonable time, appoint a substituted trustee. Tho other exceptions are to alleged error in not holding the devise for a church and school at C'lemmonsvilleT* void. In Griffin v. Graham, S N. C. 90, the. will- provided that two "acres of land should bb purchased, and "that a brick house shall be erected on said land suitable for a school room, and furnish? ed in a plain mariner for the accommo? dation of Indigent scholars, and be called "Griffin Free School." The school had no previous existence, hut was to be established by the trustees. The court uphold the trust, and the in? stitution Is still the pride of New Bern. In fact, a very large proportion of de? vises of this nature are to Institutions to be established in consequence of the will, and, If sufficiently definite, they have always been upheld. Certainly we know of none declared void on the ground assigned In this exception. "(3) That 100 acres of land arc di? rected to be bought, and one acre al? lotted, each, to parties Incapable of be? ing designated nor capable of enforc? ing the trust." A devise "for tho es? tablishment of a free school or schools for the benefit of the poor of the coun? ty" was held valid (State v. McGow nn, 21 N. C. 9: Hunt v. Fowler, 121 HI 2C9; 12 N. E. 331, and 17 N. C. 210). A devise to "A., bishop of N. C, and his heirs. In trust for the poor orphans of the Stale of North Carolina, and tho said bishop and his successors have the right to 3olcet such orphans." was upheld by Pearson. C. J., In Miller v. Atkinson, fill N. C. .r>l!7. A gift to trus? tees, "to bo by them applied to the payment of tuition money for such poor children as -the trustees may deslg nale," was sustained in Newton Aca? demy v. Bank of Asheviile, 101 N. C. 4SS, R ft. E. 174: nnd the Interest on tho fund to be applied for the "educating of poor mutes" wns treated ns valid in School for Deaf ?nd Dumb v. In? stitute for Denf, Dumb and Blind, 117 N. C. 1C4. 2Z S. E. 171. "Each member ot said church not to exceed 100," Is sufficiently definite. j . x "(4) That tho will Attempts lo pro? vide for the education Of the children of the Indefinite persons.to whom the one acre of land Is given." The par? ents being oscertalnable, ns above said, this exception Is untenable* Tt Is contended that there are several cases In North Carolina in which chari? table bequests .were declared invalid. But these were Very different from the one now before the court. ' Nor does the validity of charitable- devises depend upon whether St. 43 EUst. c. 4, "Chari? table Uses," is nr Is not-in force in this Slotc. Tho opinion to that-effect has been thoroughly exploded, says the United'States Supreme Court In Oultt v. Hospital, supra; and further says, citing 2 Perry, Trusts, paragraph 687: "A charitable use, whore neither law nor public policy forbids, may be ap? plied to almost anything that tends to promote the well-being of social man." To eum up: ' 1. This Is a charitable use. 2. Neither the doctrine of cy prcs nor St. 43 Ells*, c. 1, In any wise affects the validity of a devise for such pur? pose in this country. 3. A latent ambiguity ns to cither costul quo trust or trustee is explain? able. 4. The latent ambiguity here being as to the trustee, If not explained, the trust could not have failed, but a new trustee would be appointed. ?". If the object of the trust were In? definite. It would be void: otherwise, where, as In this case. It Is definite, nnd the selection of the Individuals to enjoy Its benefit Is left to trustees. ? After a careful review of the elabo? rate argument on both sides, which has been of great assistance to the court In drafting this opinion, the judg? ment below Is alllrmed. Affirmed. ar douoal v. musgrave. Supreme Court of Appeals of West Virginia. \ April 22, 1830. where A PARTY CONVEYS land ' to THE GRANTEE, HIS 'HEIRS and ASSIGNS FOREVER, but EXPRESSLY RESERVING A life ESTATE TO HERSELF, THE RE? SERVATION IS not REPUGNANT AND VOID. but good. On the 20th of February, 1SS1. Mary M. McDougal conveyed to T. T. Mc? Dougal, of Ritchie county, w. Va., a certain lot In the town of Harrtsvllle, In said county, known as "Lot No. ti," In consideration of the sum of $10G, the habendum of said deed being in the fol? lowing words: "To have and to hold said real estate ubd premises, with nil the right, title, and Interest of the said Mary M. McDougal, unto the said T. T. McDougal, his heirs and assigns, for? ever;" and Immediately thereafter the deed contains these words: "But the said Mary M. McDougal expressly re? serves to herself a'life interest In and to the above-described real estate.".On January 2G, 1S01, the said McDougal conveyed the same lot to Charles a. Musgrave. which deed concluded thus: "But it Is expressly understood by and between the parties that the said Thomas p. McDougal reserves for his mother her life interest in and to the premised hereby conveyed, and the parties of the first part hereby cove? nant lind agree to warrant generally the title to the property hereby con? veyed." There was Judgment In the lower court for plaintiff, and defendant ap? pealed. The court says: It Is claimed that plaintiff In her deed attempted in the habendum clause, aft? er conveying all of her Interest In oald lot In the granting clause, to reserve to herself a life interest in and to said lot, which reservation found In the habendum is repugnant to the premises, anil is therefore void. 1 regard the con? clusion of this deed as an exception or reservation of the lire eotatc In the grantor. I, however, do not regard this reservation as being contained in the habendum. The language of 'that Is: "To have and to hold said real estate and pn-mlses. with all the right, title, and Interest of the said .Mary M. M? Dougal, unto the aiild T. T. McDougal, his heirs and designs, forver." At this point the habendum evidently concludes anil what remains is called the "recV | denduin," in reference to which Devlin on Deeds (volume 1. section 221) says: "The clause of reddendum generally follows the habendum, and is used when anything is to be reserved out of the property granted." Strictly speaking, this final clause would bo regarded as an exception. In the section last re? ferred to, Devlin says:, "There is a distinction between an exception and a reservation. By* the former the grantor withdraws" from the operation of the conveyance which Is in exist? ence, and Included under the terms of the grant." So, in this case, but for this clause, an absolute conveyance of the title would have been made. The exception, however, is added, and ex? cludes the life estate from the opera? tion of the deed, retaining ic in the grantor. In the case at bar there can bo no question as to the Intention of the parties, not only by taking the deed by Ihn four corners; and reading all ot its parts, but it ic? shown that T. T. Mc? Dougal understood that his mother in? tended to reserve a life estate in the lot In the conveyance made by her to him by the fact that when he conveyed the property to the plaintiff in error he reserved for his mother her life Inter? est In same, which he would not have attempted had he thought he owned the fee simple. In view of the authorities above quoted, I conclude that Mary McDougal. In the conveyance made to T. T. McDougal. excepted therefrom and reserved to herself a. life estate therein. Affirmed. PRICK V. C. & ?. R. R. CO. Supreme Court of Appeals, West Va. April 22, lS'.i'j. A PASSENGER MUST SHOW IBS TICKET, OR CONDUCTOR'S CHECK, WHEN CALLED ON BY THE CONDUCTOR,AND IK EJECT? ED FOR FAILING TO DO SO OR PAY" FARE, HE CANNOT RE? COVER DAMAGES, i|p UNNECES? SARY FORCE IS NOT USED. This was a suit for damages for be? ing ejected from it tr?:n of the de? fendant company. There was n judg? ment for plaintiff and defendant .ti> p'enled. The fact.i appear from the opinion of the Court: l'he Court says: The train was an a ?commodatlon train, stopping at nil the stations, where passengers would leave and get on the train. After going about twen? ty-live miles from tin. point where the conductor had taken up the ticket, Ihe trail: stopped at Hawk's Nest, and tin: conductor, suiM'o:im; that Price had gotten on at that point, having forgot* len that he had Liken up his ticket and given him a check, Inquired of Price about his fare, and Price told him that he had already given n ticket to him. The conductor nsked him It ho had a check. Price said he. hud not; and de? nied that he had one, tts the conductor says. Price did not show the check, or say that ho hnd one. and said, as a witness, tlint he hnd forgotten '.ha: he hnd one. The conductor told Price that he did not remember having taken up any ticket from Charleston to Kln'ton, but he would look among his tick.!is in nnolher car, and if no found such a ticket It would be r. 11 right. The cdn> ductor says lie looked rimbng bis tick? ets, and round no stielt ticket, and. af? ter some time, lie returned to Price, and informed him that he had found no such ticket, and was satisfied that the plaintiff had given him no such ticket, and demanded fare, which Price re? fused to pav, but was allowed to go on lo the next station: and the plaintiff failing or refusing to show any ?con? ductor's cheek or pay fare, which was demanded of him, ho was told to get off tho train, which he did, withouV, the use of force. After he got off. the train, a person standing by observed the conductor's check under ? Yrlce a hatband, but the train was gone, lue next day the conductor, having learned of the check, offered to carry Price to Hinten, but Price refused, sayiny he was going to sue the company, and at once brought this suit. "The loss of a ticket by a passenger falls on him, not on the carrier. The reason Is obvious. Passage .tickets, in the absence of restrictive conditions, are assignable, nnd good In the hands of any one. If the loss of a ticket were a sufficient excuse for non-payment of fare, the carrier might be subjected to the burden of carrying two or more persons for a single fare." Of course, the some rule applies to conductor's tickets. Now, If . this conductor had not for? gotten that he had given this -check, but well remembered it. the law gave him the right to cull on Price to see Hi hut. in such case, there would be some pretense to say the conductor was in the wrong. Put, in fact, the conductor had forgotten it. and did not Identify Price. No human being on an accommodation train, stopping at every station, the passengers chang? ing ell along the route, can remember nil of them, or recollect about their tickets. He need not remember them, as tb.e law gives him right to call upon the passengers to show their tickets whenever he becomes uncertain, and It is a small burden upon tho passenger to show his ticket or check. The con? ductor bud dozens nf tickets to remem? ber: Price, only one. Ic was tho duty of Price t? remember his check, rather than of the conductor. How ran he say that the company :j responsible for the conductor's bad memory, when his own wns bad. especially i.s the law cast upon him the duty to remember his chock, and present it when asked for, or. if forgotten or lost by blm, then to pay his faro? The fact stands out, undented and unalterable, that when called upon to produce this check, and after the conductor gave him n consid? erable time to produce il, be presented no evidence of his right of passage; Moreover, it seems quite unlikely that Price liad forgotten this check. It would rarely occur. Tho evidence of the deputy sheriff who bought tho tick? et for Price at Charleston shows that Price was eager to stop over at some place before reaching Ilinton, and this Induces the impression that Price did not forget his check, but. desiring to stop over, retained It, and refused to produce It, in- ordrr that he might use It when he wanted to go on to lllnton. I repent that tinder thes?i principles of law, which seem to be well settled, that instruction Ignoring all facts \ipon which !he defense rested, and thereby virtually saying to the jury that they constituted no defense, was erroneous. Reversed. I*rnf?o I'or I'onn by NorfolltInn. Laura Joan Llbby, in the Now York Evening World, writes as follows of a poem written sometime ago by Mr. Arthur O. Lewis, Southern passen? ger agent of the R. & O. Railroad, with headquarters in Norfolk: "Of all tho poems that I have Incor? porated into my talks, none seems to have taken such a great hold upon the public fancy ?s a little poem entitled "Life Without Love." I am in receipt of many letters asking for the name of tho author, it' there were any more verses and where it could be found in Its entirety that I have asked the Even? ing World to reprint It In full. I con? sider it the sweetest, tenderest, daint? iest poem upon love that ever gem med the literature of the world. Here It Is complete: LIFE WITHOUT LOVE. Life without love Is like day without sunshine. Roses bereft of sweet nature's per? fume; Love Is the guide mark to those who are weary Of waiting and watching in darkness und gloom. Love to the heart Is l!k^ dewdrops to violets Left on the dust-ridden roadside to die; Love leads the way to our highest en? deavors. Lightens and lessens '.he path of each sigh LlTe without love is like spring with? out flowers: Brbok-strcams that move not star bereft sky; Love creates efforts worthy and no? ble. Prompts us to live and resigns us t? 1 die. ? Arthur G. Lewis. Colored llun Seriously InJurCMl. Luke Williams, colored, who wan se? riously hurt about his head and on his left leg at Pinner's 1'uln; yesterday, was removed to St. Vincent's lie-; .i.il, where Dr. Freeman, surgeon of the Southern Railway, attended him. The wounded man i<s about Jt years old. He was so seriously hurt that he was un? able to tell where he was employed. 1 SIX NIORtVlAN ELDERS. CAUSE SERIOUS TROUBLE I>: TENNESSEE. (By Tefcsrnoh to VIrcinian-l'llot.1 Chattnnooga, Tcnn., Sept. 2.?Wed hesday night six mormon ebji'.is were conducting a meeting in a school-house at Pine Bluff. Stewart county. Tcnn.'. when the building was stormed l>y a mob of over 100 men. Eggs und rocks were thrown through the windows and the building almost entirely demolish? ed. Those present: lied to save their lives, as bullets commenced to strike the building thick and fast. Miss May Harden ,a popular young woman of the place, walked between the elders, Olson and Petty, with a view to check Kng the work of the mob. While the lido;passed down the road shots were tired front nnvbush mid the Woinhh war hit by a ball and nlmost killed. Her brothers vowed they would avenge the crime and after the Tust excitement died out secured blood hounds and piled on the trail of the assassins. Burton Vlnsorii a prominent young farmer and superintendent of a Sun? day school. 'Wrote a confession, stating ho had killed the girl, but that it was an accident and that he wished to rid himself of remorse of conscience. Short? ly nftcr the- confession the blood hounds trailed to his homo. Vlnsoh i turned, picked up a knife and cut his i thront, almost, at the same instant I sending a bullet through his brain. His I family nml the olllcers of he posse I witnessed the suicide. STENCIL GUTT&RS, Rubber and Steel Stamps, Railroad, Hotel, UaegagC and Ilrass Check* Seals, Undoes, Stencil and Stntnp luks, t'nds, Katers, etc. PUCENIX Skimp oiid sieocii works, Job rriu/crs, Cot. Nivlson and Church Sit AP-JD VIAIN STREET The-First-of-Septembef Unless you are ready to junip.;, into a fall suit (in which case you'll " find a good assortment . of new;: styles ready and^W?Hiri^-hereof o?| you) you are most interested in the j Trousers question. The special sale, of Separate Trousers is still on? good variety of patterns?and most excellent values, in| each of three lots?some nearly twice. ;as good as";tfre| Values at $3.00 for $KS0: Values at $4.00 for $2.00 Values at $6.50 for $3.25. There are fewest of the $1.50 lot. Come on, you 1% men?from 37 to 46 sizes? and have the benefit of a bargain that you are often denied because of your size. These patteni^''yQ?':.m?y:: be sure are such as you'll look well in?ah??they are regular $10 Suits??UR Suits. Choice for? Those "Waldron" Derbys are a special make for us. Light? weight, fall shapes, and $1.35 is less than we can sell them for all the season. The finer grades of Hats?Derbys and Fedoras?are in and coming. j Sato ?s Compati>r<? .; Attorneys: LEMONS.10c- BOZ. NRW MACKEREL .100. POUND. POX RIVER HUTTER .2.1c. POUND. STAUCH. S'SiC POUND. S UARS ASSORTED SARAH SOAP...25c. \Ye arc heiidqua.TloM for all Krudes of FLOUR PUTTER AND JI A.MS. Call and pet our prices before buying- else? where. nespect fully, VIRGINIA GROCERY 0 BOTH PHONES ?2. All forms of Court Bonds issued promptly in the AMERICAN BONDING AND TRUST CO. Call at office of the: .. Sii fire insurance ll OR 'PHONE '233. i vi i ? ?..? v i ? v i i it Ii 11 i ? i i i n i ii i i i i i i 11 i i i i i 11 i i i i I I I l l I U I I U Ulli 11 ( Wkds* These big "Highland Plaids'' will be the subject of much "Skirt converse" this fall. The talk has already begun. Great big rich, stylish ones are shown in profusion. Buy your Plaids now. The craze for them is kindled, and soon it h^xc^ssfve-hei^hts-.?We^re-showing those rich ones and more are on the way. The new store is ever on the qui vive for glimpses of every charming innovations of expert fash ionists, Think of this store as a place for "newness" com? bined with "inexpensiveness/' No worthless, trashy stuffs enter here; only desirable kinds. Follow us on through:? Topic for Fall This is ;i subject which every shrewd and intelligent buyer should be carefully considering, because?it is wise. The " rarest" and " choicest " creations are invariably included in the " earliest" - arrivals. Will you be an early bird ? Of course you will. Here ate some early ones:? 58-inch newest colored Mclrose Suit? ings, 31.00 a yard. For suits and skirts, you know. They have all the stylish touches of fashion. ' 58-inch new Covert Suitings with rich plaid backs, for tailor-made suits. Prices $2.50 and S3.50 a yard. Golf Plaids! Big, stylish Grey Mixed Plaids for Skiris) 58 inches wide (that's extra wide loo). Prices $1.00 and $1.50 a yard. Black Granite Cloth ! A fancy weave in black, 42 inches. Price 75c. a yard. Have you seen the Russian Serge ? It's one of the most durable fabrics in black, measures 48 inches in width. Price 75c. a yard. Positively it's one f the greatest offers. Farewell to Summer. The business world is bidding adieu to Summer, and is waiting to greet the rapidly approach? ing Pall. It'll soon be here wiili cutting cold and chilling winds. We've pre? pared for it though. Blankets and Quilts have already found way into the " new store." Won't you prepare for it too? Be wise. Your opportunity:? " The Dozier" pure wool, soft and heavy, 11-4 Blankets, S3.98; 12-4,55.00 a pair. " The Dozier' soft and extra heavy pure wool 12-4 Blankets, $6.S9 a pair. 11-4 While Wool Blankets at $2.S9 a pair. Olympia Quilts, light, artistic and vfl?iiy, $2.00 and $2.50. Sattcen and silkolinc coverings. Eiderdown Quills, made of pure down, covered with line French satteen. Price $-1.69. Rich, artistic All-silk Eiderdown Quilts, $10.00 and $11.00. Beautiful colorings. A Woman's Delight gs. Not every one has an artist's taste; but every one admires the beautiful. Adorn your house with harmonizing drapings in a pleasing and beautifying style, and every one entering will admire the arrangement. You can do it at a little cost. Then why not ? Try these: A new drapery ! It's a corded mate? rial, measuring 48 inches in width ; de? sign of vari-colored stripes contrasting richly. Price 50c. a yard. For Por? tieres. New reppe portieres in pleasing color combinations at $3.98, $4.69 and $4.98 a pair. Excellent quality. 36 inch silk drapings, 50c. a yard. Bright backgrounds; fancy designs, rich, fan? tastic and beautiful. Big, bright-figured denims in many pretty colors, 15c. a yard.' See the siikolines at 10c. Silk designs. They must fit In the legion of things that consti? tute the toilet, these two are most im? portant. They must fit?and tit per? fectly, else grace, beauty and symmelry are sacrificed. These two have that spe? cial distinction and reputation of "titling perfectly." Here are- the brands: The kid glove branded "Perfection'' is a soft, flexible glove ; durable; made in black, white and the stylish colors; lacings and clasps. Price $1 a pair. "The Dozier" Kid Glove, made by the great Italian glove artist, Maggioni Francisco, stands eminently above all in excellence and durability in the glove realm. Made in black, white and new colors; lacings, buttons and clasps. Prices $1.50 and $2 a pair. American Lady Corset. Every inch of this corset tits. Well made of superior material, and in various lengths. Prices $1 and $1.75 a pair. Indispensables? 51 Table Linens. v|| Among the many essentials of a din- .? " '-^p ing room, table linen is indispensable. The table will be far more charming; the' . viands more tempting, and the repast of : much more enjoyment if a snow-white - ? -'Hat damask glows 'neath it all. These few and tne prices: 56-inch silver-bleached -~ damask; all linen. Price 45c. a yard. 72-inch snow-white pure linen Him-?t-; --' all linen; beautiful patterns, ranging ??c9? from 59c. and up to $2 a yard. Superior quality damask napkins to match the damask at gl and up. L,arge size all linen damask towels; : extra size. Price 25c In hemstitch or ^-~?t fringe. ? '.?W Fast colored table cloth, in plain red; *~2? red and white and blue and white checks,' r "^2 at 25 and 40c. a yard. See our linen Turkish bath towels: They are extra sizes, thick heavy and durable. Prices 50 and 75c. a yard. The prices on all these goods are guaranteed to be on a level with the lowest. We have opened our line of Fall and Winter Underwear for Men, Women and Children ?a line with all weights, class - es and styles. Make an early " purchase. Popular prices pre - vail. NORFOLK, Vfi. 206 Main Street, Academy of Music Building, ? - * {I \. 11111 Alllll 111). 111,1111) 1H111' i 1 111 11 1 1 1 111111111111111111 i i i # 11111111111111 n 11111 iT?"0)' iiiiiiii,,..... vi Our new Fall Furs, Capes and Coats have arrived. We Invite you to see them. It will afford us pleasure to show them to you, whether you buy or not. That's our method and motto.