 | Board of Visitors minutes January 11, 1935 |  |
RESOLUTION NO. 3
BE IT RESOLVED by the Board of Visitors of The Rector and Visitors of the University
of Virginia, a State Institution in the Commonwealth of Virginia, as follows:
The Board doth hereby authorize the construction of an addition to the Hospital
Building of the University of Virginia, in accordance with the plans and specifications prepared
by Edmond S. Campbell, Architect, approved by the State Art Commission, and attached
to Application heretofore filed with the Federal Emergency Administrator of Public Works,
(P. W. A. Docket No. 4881), and all amendments and extensions thereof.
And J. L. Newcomb, President of the University, and Hollis Rinehart, Chairman of the
"New Buildings Committee" of The Rector and Visitors of the University of Virginia, or either
of them, or any person or persons designated in an instrument in writing, signed by them, are
hereby authorized to advertise for bids for said work.
And said New Buildings Committee is hereby empowered, authorized and directed to
accept such bid or bids as to a majority of said Committee may seem wise, and to reject any
or all bids which, in the opinion of a majority of said Committee should be rejected, and
to require such bond or bonds conditioned for the faithful performance of the work, or of
any part thereof, as to them may seem proper.
Furthermore, said New Buildings Committee shall scrutinize and pass upon the form and
sufficiency of any contract or contracts prepared and proposed to be entered into by The
Rector and Visitors of the University of Virginia, and any contractor or contractors, subcontractors
and/or materialmen, with reference to the construction of said buildings, or
furnishing materials therefor. And upon approval of such contract or contracts by a majorit
of said New Buildings Committee.
J. L. Newcomb, President of the University, is hereby authorized and empowered to
execute and deliver such contract or contracts in the name and on behalf of The Rector and
Visitors of the University of Virginia, and E. I. Carruthers, the Secretary, shall affix
the corporate seal thereto, and attest the same.
The foregoing Resolution was read in full to the meeting once, and thereupon, upon
motion of Mr. Garnett, seconded by Mr. R. Gray Williams, said Resolution was adopted by the
following vote:
AYES: Messrs. Corbitt, Lewis C. Williams, R. Gray Williams, Garnett, Rinehart and
Mrs. Munford.
NAYS: None.
CERTIFICATE OF GOVERNOR
I, George C. Peery, Governor of the Commonwealth of Virginia, hereby certify that
I have examined two Resolutions adopted by the Board of Visitors of The Rector and Visitors
of the University of Virginia, at a special meeting of said Board of Visitors, held at
the President's Office at the University, at 8:00 o'clock, P. M., on Friday, January 11th,
1935, the first of said Resolutions authorizing the execution of a certain Loan and Grant
Agreement between The Rector and Visitors of the University of Virginia and the United States
of America, Docket No. 4881 of the Federal Emergency Administration of Public Works; and
the second Resolution being entitled:
"Resolution Authorizing the Issuance and Sale of University of Virginia Hospital
Bonds in the Aggregate Principal Amount of $158,000.00 and Determining the Form Thereof".
And I do hereby approve said Resolutions.
(Signed) Geo. C. Peery, Governor.
Mr. W. Allan Perkins, Attorney for the University, submitted the following report
in the matter of the Whitmell T. Taliaferro will:
University of Virginia:
On November 16th, last, I was advised that Whitmell T. Taliaferro, of Atlantic
Highlands, New Jersey, had recently died and that a paper, purporting to be a holographic
will, was found among his effects, by which the whole of his Estate was given to his sister-in-law,
Mrs. Cornelia McKernan, who, it seems, had lived with Mr. Taliaferro and cared for
him during the last few months of his life.
This holographic will was offered for probate in the Monmouth County, New Jersey,
Orphan's Court, and by order entered by said Court October 15th, 1934, probate thereof was
refused on the ground that the will was not executed in the manner and form required by the
statute law of New Jersey.
The Second National Bank & Trust Company of Redbank, New Jersey, was then appointed
Administrator. When the Administrator opened the lock box of the decedent in the Corn Exchange
Safe Deposit Company in New York an earlier will, dated in September, 1932, was discovered,
and this will, after disposal of a few items of personal property, gives practically the whole
of the Estate to the University of Virginia.
The amount of the Estate is estimated at approximately $65,000.00. The largest single
asset is a mortgage for $25,000.00 secured upon real estate in Glen Ridge, New Jersey. There
is approximately $10,000.00 in cash, a house in Atlantic Highlands, Monmouth County, New
Jersey, valued at around $5000.00, and the rest of the estate consists of stocks and mortgages.
The matter was referred to me, as Attorney for the University, in November, last,
and after investigating all the facts, I advise that there seems to be no doubt that Mrs.
McKernan has a valid claim against the Estate for the services which she rendered the decedent
It seems also that she is prepared to assert her claims if necessary.
In the meantime, the firm of Pitney, Harden & Skinner, of Newark, New Jersey, has
been employed to represent the University in this matter, and through this firm probate of
Mr. Taliaferro's will, dated in September, 1932, will be offered on January 31st, 1935. This
situation, in all of its details, is too complicated to present at this time in the form of
a written report. It is, therefore, recommended that this whole question be referred to a
Committee, which Committee shall be given full power to do whatever may be necessary, and
especially to negotiate with the said Mrs. Cornelia McKernan, and with the next of kin of
said Whitmell T. Taliaferro, and to direct the President to enter into any contract or contracts,
which to said Committee, may seem proper, looking toward the settlement of this
Estate.
The following resolution with respect to the foregoing report was adopted:
RESOLVED: That a Committee, composed of three, be appointed by the Chairman of
this meeting, and that such Committee be, and is hereby, given full power and authority to
do any and all things in its opinion needful or necessary in connection with the settlement
of the Estate of Whitmell T. Taliaferro, deceased, to negotiate and enter into any contract
or contracts with Mrs. Cornelia McKernan and/ or with the next of kin of said Whitmell T.
Taliaferro, deceased, which may seem advisable to said Committee, in order that all
questions with reference to the final settlement of any claim or claims against this Estate
may be determined, and said Committee is fully empowered to employ such additional Counsel
as, in its opinion, may be necessary, and to authorize the prosecution or defense of any suit
or suits that to it may seem proper.
The Chairman thereupon appointed the following committee: Garnett, Goolrick and
President Newcomb
In re: Branch and Guthrie indebtedness to the Seward Estate:
W. Allan Perkins, Executor of Dr. Walter M. Seward, deceased, states that as the two-year
period in which suit might have been brought to impeach Dr. Seward's will is now past,
he wishes the Board to take some action with reference to settlement of the indebtedness of
the Estate of W. J. Branch and of Mrs. Helen F. Guthrie to the Seward Estate. Mr. Branch and
Mrs. Guthrie were both first cousins of Dr. Seward. Mr. Branch owed Dr. Seward some $4800.00
secured upon property in Dinwiddie County, Virginia, just outside of Petersburg, and Mrs.
Guthrie owed Dr. Seward some $6500.00 secured upon property in Dinwiddie County, and in the
City of Petersburg. Mr. Perkins' statement follows:
Shortly after Dr. Seward's death, Mr. W. J. Branch and Mr. M. H. Guthrie, Mrs.
Guthrie's husband, had a talk with me in Lawrenceville, and both of them stated that they
were not even able to pay interest on these debts, and offered to convey practically all of
the land upon which they were secured to the University, if we would cancel the notes in
any of those who might have been Dr. Seward's heirs if he had died intestate, and so, while
I brought the matter up and discussed it with the Special Committee heretofore appointed
to confer with me upon the subject of the Seward Estate, I did not ask for any action. In
the report of this Committee to the Board, made at the meeting of June 12th, 1933, the following
statement appears:
"6th. That the Executor be requested to communicate with Mr. William J. Branch
and Mrs. Helen F. Guthrie and say to them that in the opinion of this
Committee any action with reference to their respective proposals for
the settlement of their indebtedness to the Estate would, at this time,
be premature, but at the proper time the matter will be taken up with
the Board of Visitors and given careful and sympathetic consideration."
Mr. Branch died several months ago. I believe that the time has now come when this matter
should be taken up and settled and I am going to ask that a Committee be appointed from this
Board, with full power to agree with the widow and heirs of Mr. Branch, and with Mr. and
Mrs. Guthrie, upon just what property shall be conveyed to the University in extinguishment
of said debts, and that this Committee be empowered upon satisfactory conveyance being made,
to cancel the bonds and notes of said William J. Branch and Helen F. Guthrie, now held by us
as a part of Dr. Seward's Estate, and deliver them to the parties entitled to receive the
same. It is, thereupon,
RESOLVED, that the Chairman of this meeting be and hereby is requested to appoint a
Committee to confer with Mr. Perkins, which Committee is hereby given full power to agree
to the settlement of the William J. Branch and Helen F. Guthrie indebtedness, to the Estate
of Walter M. Seward, in any way that said Committee may deem best, and upon such settlement
being made, satisfactory to said Committee, said Committee is further authorized and empowered
to cancel and deliver to said Helen F. Guthrie and to the widow and heirs, or personal
representatives of William J. Branch, deceased, all the bonds, notes, or other
evidences of debt, executed by said Helen F. Guthrie or by said William J. Branch, and now
held as a part of the Estate of Walter M. Seward, deceased, making all necessary releases of
deeds of trust and doing all other things that may be needful or necessary in the premises.
Adopted:
The Chairman thereupon appointed the following Committee: Rinehart, Garnett and the
President.
The meeting then adjourned.
Rector pro tem
Secretary.
| Board of Visitors minutes January 11, 1935 | |