University of Virginia Library

PROPOSED BEQUEST FOR SCHOLARSHIP FUND

Visitor: Mr. Perkins.

A letter was presented from Mr. Leonard B. Abbey of Decatur, Georgia, attorney for an unnamed
client.

University of Virginia
Charlottesville
Virginia
Gentlemen:

I have been engaged to re-draft the will of a client who wishes to name the University of
Virginia as a legates for the purpose of establishing a scholarship fund. For your information,
there is quoted below a clause from my client's present will, which is to be rewritten to be more
specific and to eliminate flaws. The quotation will, however, convey to you the intent.


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"All the rest and residue of my estate I give, devise and bequeath to the University
of Virginia and direct that this residue be invested in compliance with the laws of
the State of Virginia for the establishment of a scholarship fund to be known as the
----- ----- ----- Scholarship Fund. The income derived from this fund I direct
be paid in equal amounts monthly to not more than two female students in the Department
of Medicine. Each such student shall declare under oath that she will devote
her professional life solely to the specialty of public health after graduation from
medical school and completion of internship. The income from said fund shall not be
available to any student in the Department of Medicine for more than four scholarship
years. Furthermore, should more than two female students apply for such scholarships
the awards shall be made after taking into consideration the financial need of the
several applicants and their comparative attainments in the premedical collegiate
course".

The purpose of this letter is to request advice from the University in order that the
clause might be properly drafted, in such a manner that it will be acceptable and beneficial to the
University as well as meeting the wishes of the client. For this purpose, I wish to inquire as follows:

  • 1. What is the exact legal name of the University?

  • 2. By whom and in what manner should the students be selected, and should the phrase
    "students in the Department of Medicine", be used, inasmuch as that phrase implies
    one who is already enrolled?

  • 3. Do you believe that the oath specified would be contrary to public policy in Virginia,
    or do you have a form already in use which would accomplish a similar commitment?

  • 4. If the income from the legacy should develop to be more, or less, than enough for two
    students, what limitation would you suggest as to the amount per student; or would you
    recommend leaving that matter to the discretion of the University?

Any other information or advice which you will be kind enough to furnish in order that this
bequest might be so prepared as to accomplish the ultimate purpose desired will be appreciated.

Very truly yours,
(signed) Leonard B. Abbey

The following resolution was adopted:

RESOLVED that it is the sense of this Board that the University should not accept gifts
with such restrictions.