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1Author:  University of Virginia Board of VisitorsAdd
 Title:  Board of Visitors minutes  
 Published:  1917 
 Subjects:  University of Virginia Library, Text collection | UVA-LIB-Text | UVA-LIB-BoardOfVisitorsMinutes 
 Description: An adjourned meeting of the Rector and Visitors was held on this date at 8 o'clock p. m., with the following present: The Rector, Armistead C. Gordon, Visitors, Craddock, Hatton, Irvine, Lewis, Michie, Stearnes and Turnbull, and President Alderman. Miss Mary Amelia Smith of Warrenton, Virginia, by her last will and testament, recorded February 24th, 1913, in Will Book 47 at page 34 in Fauquier County Clerk's Office, Virginia, left all of her property of every kind and description for life to the brothers that survived her, of which there were only two, namely: Fred W. Smith and Col. Thomas Smith, and at their death all of said property both real and personal, was to go to the University of Virginia. Shortly after Miss Mary Amelia Smith's death, her brother, one of the above mentioned survivors, returned from South Africa and immediately began to take steps to break the will of sister Mary Amelia Smith, and thereby prevent University of Virginia from having any of her property. The effect of this provision is a two-fold one, (1) to create such a trust in the University, with reference to such `public animals, arms, uniforms, and equipment,' as is not contemplated by the organic law of the University, and for the assumption and execution of which there is no authority in the University, either express or implied: (2) the requirement that the University shall give "a bond in the value of the property issued for the care and safe-keeping thereof, and for its return when required," is in contravention of Section 1556 of the Code of Virginia, vol. 1, page 828, which provides that "it shall not be lawful for the Rector and Board of Visitors of the University to contract any debt whatever on account of said University, without the consent of the Legislature previously obtained." (Act 1883-1884, page 544.)
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