Snyder v. General Conference Board of Education of M. E. Church South
| Decision Date | 02 December 1924 |
| Citation | 205 Ky. 812,266 S.W. 661 |
| Parties | SNYDER ET AL. v. GENERAL CONFERENCE BOARD OF EDUCATION OF METHODIST EPISCOPAL CHURCH SOUTH ET AL. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Oldham County.
Suit by R. H. Snyder, executor, and others against the General Conference Board of Education of the Methodist Episcopal Church South and others. From a judgment dismissing the amended petition, plaintiffs appeal. Affirmed.
Morton K. Yonts, of Louisville, for appellants.
Robt. T. Crowe, William J. Crowe, and J. Ballard Clark, all of La Grange, for appellees.
R. M. (Capt.) McClelland, an elderly bachelor, owned and lived on a farm of 486 acres in Oldham county, Ky. known as "Wildwood" farm; his only near relatives being the children of a deceased brother, James, all of whom resided out of Kentucky.
On September 16, 1916, he deeded that farm to the appellee for the purpose of establishing an industrial school for poor children, reserving a life estate in himself. After setting out the names and addresses of the parties, the deed recites:
* * *"
The letter referred to is in these words:
"Wildwood Farm, Ky. Sept. 16, 1916.
Deed of Conveyance by R. M. McClelland. To the General Conference Board of Education of the Methodist Episcopal Church South Nashville, Tenn.: I am this day conveying to you and to your successors, as trustees of the Methodist Episcopal Church South, the title to 'Wildwood farm,' which includes all the realty owned by me in Oldham county, Ky. to be held in trust for the purpose of establishing and maintaining thereon an industrial school. In accepting and administering this trust, it is my wish and desire that the following conditions and directions be observed by you:
(1) That during my lifetime said farm shall remain in my control, all proceeds therefrom shall be mine, and all the expenses and taxes and the upkeep of the farm shall be bourne by me.
(2) That said school shall begin operation as soon after my death as funds necessary for its organization may be secured, either from the income of the farm itself or from other sources.
(3) With no intention of restricting the board in making said farm and school of the largest possible service to humanity, I wish it clearly understood that it is my purpose in conveying said farm that upon it, and from its income and in said school, that an opportunity be given to indigent children to secure instruction in books and in the science and art of agriculture, and in other practical sciences and arts, and that such children be taught farm and household work and other forms of useful employment, under the direction of the instructors and officials of school and farm.
(4) Desiring that no politics shall at any time enter into the management of the school, I direct that under no condition shall the management or control of said school or farm ever be placed in the hands of any of the county officers of Oldham county, Ky.
(5) That said school shall never require any religious test or affiliations as a condition of admission of any student to its benefits and privileges.
(6) That all net income from said farm shall always be expended in the maintenance of said school and farm.
Both instruments were duly executed and acknowledged by Capt. McClelland and recorded in the Oldham county clerk's office. They were also accepted by appellee, in a writing duly executed and acknowledged by its authorized agent, and this acceptance was also recorded in the Oldham county clerk's office.
Frankie Jones, mentioned in the deed, was his housekeeper, to whom he seems to have been much attached. After the execution of this instrument, Capt. McClelland lived about three years, during which time he maintained a regular and harmonious correspondence with appellee, and on December 11, 1918, executed a will, in which he further recognized the above conveyance.
The real name of his housekeeper was Miss Laura Lee Smith, although she was referred to in the deed and will as Miss Frankie Jones. Shortly after the execution of the will he was married to this lady, but prior thereto an antenuptial contract was executed, by which she ratified and approved the execution of the deed in question. Capt. McClelland died July 9, 1919. His will was duly probated, and thereafter R. H. Snyder, as executor, Mrs. Laura Lee McClelland, his widow, and the three children of James McClelland, filed suit in equity to have the above deed canceled and set aside, on the ground of mental incapacity of the grantor.
On motion of plaintiff, that question was submitted to a jury on an issue out of chancery, and the jury, by its verdict, found "that the grantor was of sound mind." Motion for a judgment non obstante veredicto was...
To continue reading
Request your trial