University of Virginia Library

RE: DISPOSITION OF CERTAIN COINS IN THE ESTATE OF THE LATE DR. CUMBERLAND GEORGE HERNDON:

Mr. Garnett stated to the Board that he had received a letter dated October 20, 1939,
from Mr. J. Barrett Carter, representing Mrs. Elizabeth Herndon Rixey, only surviving heir and
next of kin of Mrs. Betty C. Herndon, deceased, stating that Second National Bank of Culpeper
has in its possession a collection of foreign coins which were placed with it many years ago for
exhibition purposes. From Mr. Carter's letter it appears that these coins had been given to Mrs.
Betty C. Herndon by her son, Dr. Cumberland George Herndon; that Mrs. Herndon had lent the coins
to her son-in-law, Mr. C. J. Rixey, for display at Second National Bank of Culpeper, of which Mr.
C. J. Rixey was then president. Mrs. Elizabeth Herndon Rixey has asked the Bank of Culpeper to
give her the coins which she feels she is entitled to as the only surviving heir of Mrs. Betty C.
Herndon.

The Bank asserts no ownership over the coins and will be glad to turn them over to
Mrs. Rixey if in so doing it will incur no liability.

Dr. Cumberland George Herndon, the original owner of these coins dies May 5, 1911, leaving
a will dated August 21, 1902. The residuary clause of his will gave certain bonds to the University
which are to be held in trust and the income used for a scholarship in the Medical School.

By a contract dated March 28, 1913, Mrs. Lizzie H. Stearns, Mrs. George H. Sinclair and the
University of Virginia being the only parties interested in the residuum of said estate, agreed among
themselves how their respective interests in the residuum should be paid. Final settlement was made
with the University on April 4, 1916, and the University has received its interest in the estate in full.

From the information we have been able to obtain in the matter, it would seem-

(1) That Dr. Herndon had given his mother the coins in question several years before he died;

(2) Therefore, none of the legatees under Dr. Herndon's will have any interest in these
coins;

(3) It appears that Mrs. Elizabeth Herndon Rixey is the only surviving heir and next of
kin of Mrs. Betty C. Herndon;

(4) While inquiry has been made as to the value of these coins we do not feel that this
is really a pertinent question if we are correct in the statement of the foregoing facts;

I therefore suggest that the following resolution be adopted-