Historical Newspapers of South Carolina

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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 State. ]t b 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 tions. -. 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 n 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 uccess. 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 >lege.'' 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 >dicil.) 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 dieil.) NO' 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. GreE 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. ree 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 th.e decision.m, 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. Sout 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 h "'I-. RE TO TUNE UP! t Into Your SummerTogs. t 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. wart=Perry Co. '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. L-09-4t-ltaw. VETERANS SPECIAL. Wemphis, Tenn., Via Southern Railway. >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 enroute. r further information, apply to t agent Southern railway or W. E. M.eGee, T. P. A., Augusta, Ga. L. Meek,. L. G. P. A., Atlanta, LUE RIDGE SCHEDULES. Eastbounid. . 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. Westbounad. It 17, arrives at Anderson at 7.50 from Belton with connectionsc Greenville. .9, arrives at Anderson at 12.24 ,from Belton with connections Greenville and Columbia. Goes alhalla. 19. atrives at Anderson at 3.40J ,from Belton with connections Greenville. 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 s.mtth. a .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 0_ 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 Piano Bargains 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 go quickly. 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 ridays. Note: Th.e above arrivals and de >artures, as well as connections with ither companies, are given as ifor nation, and are not guaranteed. Ernest Williams, Gen. Pass. Agt., Augusta, Ga. Geo. T. Bryan, eenvine, S. C.. ~or "Fly" Time YOU'LL FIND OUR 1.00 Negligee Shirts ARE BIRDS. 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.. EwartPerryCo., NOTICE. 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. lewberry Iurdware lompan COD - M -N' e o-. o coa. zC m) ~c NEWBERRY HARD WA RE COMPANY.