University of Virginia Library

A special meeting of the Board of Visitors was held
on this date at 8 P. M., and concluded on the morning of the
20th, with the following members present:

Rector Gordon, Visitors Craddock, Hatton, Irvine,
Michie, Norton and Turnbull, and President Alderman.

The Special Committee in the matter of R. L. Parrish
bequest, submitted its report, which was accepted, approved,
and ordered spread, as follows:

REPORT OF THE RECTOR AND FINANCE COMMITTEE
AS TO
SETTLEMENT OF LEGACY UNDER THE WILL OF R. L. PARRISH, DEC'D.

At a meeting of the Rector and Visitors of the

University of Virginia held October 19th, 1916, the
following resolution was adopted:-

"RESOLVED: That the matter of the legacy under
the will of R. L. Parrish, deceased, be and is referred
to the Attorney for the Rector and Visitors of the
University of Virginia, for investigation and his
opinion as to the legal rights of the University under
said will: and further as to the property of which the
estate consists and its value. Said report to be made
as soon as possible to the Rector and the Finance Committee,
who are hereby empowered to take such action therein
as they may deem expedient."

Shortly after this resolution was adopted, the
attention of the Attorney for the Rector and Visitors
was called thereto, and on or about the 6th of December,
1916, a written opinion upon this subject was submitted
by him to the Rector and Finance Committee at a meeting
held at the Gleason Hotel in Charlottesville.

A copy of this opinion is attached hereto, from
which it will be seen that in view of the renunciation
by Mr. Parrish's widow of the provisions made for her
in his will, a grave doubt existed as to the possibility
of the University receiving any benefit from this legacy
until after the death or remarriage of said widow.

A statement was also submitted by Mr. Perkins
from which it appeared that Mr. Parrish's personal estate
was insufficient to pay all of the pecuniary legacies,
after providing for the widow's distributive share therein,
and that as the gift to the University was in all
probability not chargeable upon the real estate of which
Mr. Parrish died seized and possessed, it would seem
that some compromise would have to be made with Dr.
Philip Percy Parrish, the sole residuary legatee under
said will, if the University hoped eventually to receive
the full benefit of this gift.

Mr. Perkins was therefore instructed to take the
matter up with the representatives of Mr. Parrish's
Executors and with Dr. Philip Percy Parrish, and endeavor
to obtain a settlement by which $50,000.00 could
be turned over to the University at once, payment of a
portion of the income therefrom being made to Dr. Philip
Percy Parrish, during his lifetime.

After several conferences between Mr. Perkins and
the Attorneys for the Executors and Dr. Philip Percy
Parrish, he reported that he had been able to make such
an arrangement. A contract was entered into by Dr.

Philip Percy Parrish and the Rector and Visitors
of the University of Virginia, under date of January
31st, 1917, under the provisions of which $25,825.00
in cash and in valid securities were delivered to the
Rector and Visitors by the said Philip Percy Parrish
and the Executors of R. L. Parrish, dec'd. And the
said Philip Percy Parrish delivered his bond for
$24,175.00, secured by deed of trust on some twenty-five
or thirty thousand dollars worth of real estate
in Covington and Alleghany County, and by certain
bonds and stock as collateral therefor, the security
for said bond being ample, in Mr. Perkins's opinion.
The total amount of Dr. Parrish's bond and of the
money and securities previously delivered is $50,000.00,
- the total amount of Mr. R. L. Parrish's bequest.
The bond of said Philip Percy Parrish bears 6% interest,
payable semi-annually.

So long as the said Philip Percy Parrish shall
live we are to pay him the sum of $2250.00 per annum,
payable on the first days of September and March of each
year.

During the lifetime of Dr. Philip Percy Parrish
this arrangement will net us only the difference
between the amount to be paid him ($2250.00 a year) and
the amount of income on the $50,000.00. This sum will,
of course, be comparatively small, but upon Dr. Parrish's
death all payments to him or to his estate will cease.
In the mean time, we have possession of the total
amount of the legacy, and by entering into this agreement
we have without doubt avoided litigation with Dr.
Parrish and with the Executors of Mr. R. L. Parrish.
Such litigation would, of course, have been most unfortunate,
and we feel that, considering the many doubtful
questions which have arisen, the arrangement as a
whole is a most advantageous one.

An original copy of the contract with Dr. Parrish
is attached hereto. Said contract contains as a part
thereof a copy of the will of Mr. Robert L. Parrish, so
that with the opinion of the Attorney and this Report,
the record of the actions of your Committee in this re-
gard is complete.

OPINION

AS TO LEGAL RIGHTS OF THE RECTOR AND VISITORS OF THE
UNIVERSITY OF VIRGINIA UNDER THE WILL OF ROBERT LEWIS
PARRISH.

A copy of said will is attached hereto.

I am advised that pursuant to provisions of Section
2559 of the Code of Virginia the widow has renounced the
will and elected to claim her dower in one-third or the
real estate (for life), and her distributive share in the
personal property (one-half thereof absolutely).

By a codicil to his will the testator gives to the
Rector and Visitors of the University of Virginia — "The
sum of fifty thousand dollars ($50,000.00) to be paid
after the marriage or death of the above mentioned Gray
Morehead Parrish", the widow.

The questions arising upon the construction of said
will in so far as the University of Virginia is concerned,
are as follows: —

I.

In answering the first question above, we are at the
outset confronted by a difficult situation by reason of the
fact that the decisions of our Courts of last resort are not
in harmony upon the subject; in fact, there are two distinct
lines of authority, each of which is based upon sound and
logical reasoning, the conclusion reached by following one
being diametrically opposed to that resulting from the other.

I will refer to these decisions as briefly as possible,
and then endeavor to reconcile their apparent irreconcilability.

Although the gift to the University is of personalty,
for the sake of convenience I shall refer to it as a vested
remainder.

The general rule seems to be that:

Upon the renunciation of his wife's will by a husband,
all of its provisions for him become inoperative, but all

other provisions of the will remain in force.

- Franklin v. Hastings (Ill.) 97 N. E. 265

- Fennell v. Fennell (Kan.) 106 Pac. 1038

There can be no question that this is sound law if the
quantity of the estate is sufficient, and the provisions
of the will are such that all of its directions may be
strictly followed in spite of the renunciation. But what
of the situation arising when by the widow's election a
loss results to other legatees and devisees by reason of
the abatement of their portions to make up the full amount
to which the widow is entitled?

Shall the remainder to the University be accelerated
by reason of the failure of the intermediate estate and take
effect in possession to its full extent immediately, to
the detriment of the residuary devisee, or should possession
of said remainder be postponed, and the corpus thereof held
intact, the income therefrom being applied, pending the
death or marriage of the widow, toward reimbursing the residuary
legatee for the amount of loss occasioned to him
by the renunciation?

Out of the conflict of opinion upon this subject our
difficulties arise.

DOCTRINE OF ACCELERATION OF ESTATES.

Although the ulterior devise is, in terms, not to take
effect in possession until the decease of the prior devisee,
if tenant for life, yet in point of fact it is to be read as
a limitation of the remainder to take effect in every event
which removes the prior estate out of the way.

- Northern Trust Co. v. Wheaton, 94 N. E. 980.

Doubtless the amount of the residuum of the estate would
be reduced by the election of the widow to take under the
Statute and the payment to her of her distributive share of
the personalty; but that is where the uncompensated loss
ultimately should fall, unless it is otherwise indicated in
the will.

- Dunlap v. McCloud (Ohio-1911) 96 N. E. 774.

Where testator gives son 80 acres of land and widow
renounces will and receives 40 acres thereof, loss to the son
will be made up out of residuum at the loss of residuary legatees.

- Pittman v. Pittman (Kan) 107 Pac. 235.

A testator bequeathed his personal property to his wife
for life, and provided that at her death certain specific
legacies should be paid, and the residue should go to certain
relatives. The wife renounced the will and took onehalf of the

personal property absolutely, — Held, that the specific
legacies were thereupon payable in full at once, the wife's
renunciation being equivalent to her death.

In re- Vance's Estate (Penn.) 21 Atl. -. 643, (1891).

The testator is presumed to know that the widow's
rights under the law are paramount to her rights under his
will, and therefore it is not accurate to say that his whole
scheme of disposition of his property is destroyed by the
widow's election. It is disarranged pro tanto, but in the
absence of any reference to such contingency or provision
for it in the will, there is ordinarily nothing on which
to found a presumption that he would have made any specific
difference in distribution, had he known she would exercise
her right — certainly not that he would have decreased
any of the definite pecuniary legacies to swell the amount
going at the end of the list to the residuaries. No Court
is authorized to make distribution for the sake of equality.
The testator's scheme must be carried out as he made it,
except so far as that has been rendered impossible by the
widow's action.

In re- Vance's estate, supra.

There is a line of authorities holding that upon renunciation
by a widow of the benefits of a life estate intended
for her by the will, such of said property as remains after
her election may be sequestered by the Court and used as a
trust fund during the life of the widow from which the residuary
legatees are to be compensated for the losses sustained
by them by reason of such election.

But this rule does not obtain in those estates in which
the doctrine of acceleration of estates has become established.

(Insert)

In re- Vance's estate, supra.

In the case of Macknet v. Macknet, 24 N. J. Eq., p. 292,
the Court in holding that estate in remainder, then under
consideration should be accelerated in its vesting, cites the
following:

(Insert)

In re- Vance's estate, supra.

The law must have a settled and uniform rule, and it is
that as to provision in a will for legacies subordinate to
a life interest in the widow, and contingent upon her death, or
payment of which is postponed till then, her election to take
against the will is equivalent to the widow taking her share
as if the husband had died intestate, and the will then operates
on the rest of the estate precisely as it the widow were dead.
A court of equity will interpose, if necessity requires, to
preserve the intention of the testator from destruction, but
such interposition never should take place in favor of a subordinate,
as against a preferred or superior interest; and therefore
never in favor of a residuary as against a definite
legatee, unless upon a plain implication in the will that the
residuary legatee was in fact a preferred object of the testator's
bounty.

The early cases in which it was held that an estate
in reversion vests immediately upon the determination of
the life estate upon which it is limited, by the death
of the tenant for life, or by the surrender or forfeiture
of his estate, or his disqualification to take it (1
Jarman on Wills, 513; Sheppard's Touchstone 435) have been
followed in this country in cases such as the present.

It seems to be settled by the weight of authority
that — "Where the widow, who has been given a life interest
under the will, renounces and elects to take her
dower or the Statutory allowance instead, her renunciation
works extinguishment of her life estate, and accelerates
the rights of the second taker".

Citing Fox v. Rumery, 68 Me. 121;

Dean v. Hard, 62 Ala. 310

20 Am. & Eng. Ency. Law, pp. 895 & 897, and cases
cited in Note 3.

The doctrine of acceleration proceeds upon the supposition
that, though the ulterior devise is in terms not to
take effect in possession until the decease of the prior
devisee, if tenant for life, yet that in point of fact it
is to be read as a limitation of a remainder to take effect
in every event which removes the prior estate out of the
way.

- 1 Jarman on Wills, 539

- Blatchford v. Newberry, 99 Ill. 11.

Whether the life estate is determined by a revocation,
or by death, or by the renunciation of the widow, or by any
other circumstance, which puts the life estate out of the
way, the remainder takes effect, having only been postponed
in order that the life estate might begiven to the life
tenant.

- Blatchford v. Newberry, supra.

Where it can be shown, however, that the intention
of the testator is that the remainder shall not take effect
until the expiration of the life of the prior donee, the remainder
will not be accelerated.

DOCTRINE OF REMUNERATION OF RESIDUARY LEGATEES

There is a very respectable line of authorities holding
that where that portion of the estate which the widow's renunciation
leaves intact can be held together during her life
and the rents and profits therefrom applied toward remuneration
of the residuary legatees whom her election has injured,
this should be done,

See Jones v. Knappen (Vermont) 22 Atl. 630.

For a very excellent note by Mr. Henry P. Farnham collecting
the leading cases on this subject, see 14 L.R. A., pages
293-to-295.

The renunciation of the widow could not defeat the gift
of the remainder, but the latter becomes immediately accelerated,
charged however, with the equity in favor of disappointed devisees.

- Kirchner v. Kirchner, 127 N.Y. Supp. 299.

The general rule is, where a widow renounces provisions
of a will and elects to take under the law, and where devisees
and legatees are disappointed in realizing the provisions made
for them, by the widow, that the benefits renounced by the widow
are equitably applied as far as possible in compensating the
losses so sustained by her election. . . . As between other persons,
the will will be enforced as near in accordance with the
intention of the testator as it can be enforced.

-Pittman v. Pittman (Kan.) 107 Pac. 235.

VIRGINIA RULE.

Cited as bearing on the subject but not directly in point:-

-Turner v. Citizen's Bank, 111 Va. 184, not in point.

-Waggoner v. Waggoner, 111 Va. 325, not in point.

-Kinnaird v. Williams, 35 Va. 400, not directly in
point. See on general subject, Coway v. Epes, 2 Pat. & H. 520

In the opinion of Judge Brokenbrough, and Judge Cabell, in
Michells v. Johnson, 33 Va. 470 and 474, it would seem that our
Court in that case inclined to the view that the property renounced
by the widow should be applied toward the indemnification
of the residuary legatees.

The latest case on the subject in Virginia, more or less
directly in point, is that of McReynolds, v. Counts, 50 Va.
242, decided at Lewisburg at July Term, 1852. The facts were
as follows: - M., by his will, devises his real estate to his
wife for her life and at her death to his son, J.; and he gave
his personal estate after payment of his debts equally among
his eight children. His real estate consisted of a farm on
which he lived. His wodow renounced the provision made for her
by the will; and dower not having been assigned to her, she lived
for some years on the farm which she permitted her son, J., to
cultivate and take the profits of, in consideration of his supporting
her. Upon a bill filed by the other children to havedower
assigned to the widow, and for a division and distribution of
the estate, claiming an account of the rents from the widow and
J., it was HELD:

1st, The widow was entitled to occupy and cultivate
the farm without rent until dower was assigned to her; and
she might allow another to do it for her.

2nd. The two-thirds of the land remaining after the
assignment of the widow's dower should be applied to indemnify
the legatees of the personal estate for the loss
they sustained by the widow's renunciation of the provision
made for her by the will, and claim of her third of the
personal estate; and for this purpose the said two-thirds
of the land should be rented out and the proceeds applied
to the satisfaction of the legatees.

3rd. After the legatees had been satisfied for the
loss of so much of their legacies as was taken by the
widow, or after the death of the widow, whichever event
shall first occur, the said two-thirds of the land is to
be delivered to J., as devisee in remainder under the will.

The criterion by which to judge whether a case falles
within one or the other of these two lines of decision seems
to me to be as follows:-

First. If, by the will a life estate is given the
widow with remainder over to one or to a class of persons
whose estates in such remainder are of the same dignity, then
upon renunciation of the will by the widow these estates will
be accelerated and take effect in possession immediately
upon the renunciation just as they would have done under the
provisions of the will upon the death of the widow. And if
there is a loss to such remaindermen occasioned by the
renunciation it will then be partially compensated for by
reason of such earlier possession of the estate; at all events,
nothing will be gained by postponing possession in said
remaindermen.

Second. If by the will a life estate is given the widow
with remainder over to one or several of the same class of
persons, and with a residuary clause whereby still other persons
are granted estates, then upon renunciation of the will by
the widow and a resulting increase in the property received
by her, the estates in remainder will not be allowed to take
effect in possession as of the date of renunciation by
acceleration, but will be held and the rents, issues and profits
applied toward the building up of the residuum until such
residuum is compensated for the depletion suffered by it upon
the renunciation. The rationale of this rule rests upon the
theory that to accelerate the remainders would result in
defeating the intention of the testator as to the amount which
the residuary legatees should take. If the payment of definite
legacies (taking effect in possession of remainders) is deferred

until the widow's death, the legatees or remaindermen
will get precisely the same time intended by the testator,
and so they cannot complain.

Third. It would seem, therefore, that the question
as to whether or not the residuary legatees have an equity
which will require the life estate to be sequestered for their
benefit as against specific legatees, depends upon the facts
of the particular case.

In answer, therefore, to section (a) of Question 1
above, I should say that in this case the amount of the
$50,000 legacy should not be reduced pro tanto to make up
the widow's share, but the whole amount should be paid to
the Rector and Visitors.

Answering section (b) of said Question 1, my opinion
is that said $50,000 should be held by the Executors pending
the death or marriage of the widow, and the income therefrom
paid to Dr. Parrish until the amount so paid him shall be
equal to the amount of loss occasioned him as residuary
legatee by reason of the widow's renunciation; and when full
restitution is made the whole amount should be paid to the
University. If the widow should die or remarry before full
compensation is made to Dr. Parrish, he will have to stand
the loss, for upon the happeneing of either of these events
said remainder will take effect in possession and come into
the same class with the legacy to Conny Brown and the bequest
to the Trustees of Emanuel Church, both of which are hereafter
referred to.

II.

CAN THE REAL ESTATE BE CHARGED WITH THE PAYMENT OF
ANY PORTION OF SAID $50,000.?

I think not, although possibly real estate blended in
the residuum may be so charged.

The real estate of the testator is not chargeable with
the payment of legacies unless the testator has so charged
it either expressly or by clear and manifest implication.

As a general rule the personal estate is not only
the primary, but the only fund for the payment of legacies.

- Armentrout v. Armentrout, 111 Va. 348.

III.

WHEN SHOULD THE BOOKS BE DELIVERED TO THE UNIVERSITY?

Without going into any lengthy discussion of the principles

governing this question, my opinion is that these books
should be turned over to the University upon the death
of Dr. Philip Percy Parrish, without regard whether this
event occurs before or after the death or marriage of the
widow.

- Northern Trust Co. v. Wheaton (Ill.) 94 N. E. 980.

IV.

VALIDITY OF DEVISE AND BEQUEST TO TRUSTEES OF EMANUEL
CHURCH OF COVINGTON

But the amendment of Sec. 1398 of the Code above referred
to seems to change the established doctrine so far as churches
are concerned, and it would seem that now a "Gift", grant
or bequest" may be made to a religious congregation or to
Trustees appointed for such congregation, within the limits
of Sec. 1403.

Quaere? Whether the words "Gift, grant or bequest"
include "devise" — see opinion in Seaburn v. Seaburn, 56
Va. 423.

See also editorial by Lile in 8 V. L. R. 280, citing
editorial in 3 V. L. R. 537.

The latest case at all in point is Jordan v. Richmond
Home, 106 Va. 710, chiefly valuable on account of a reference
to an historical narrative on the subject of constitutional
and legislative enactments with reference to "Religion", "Churches",
"Charities" and "Schools", prepared by Mr. Jackson Guy
and submitted to the Court below with his report as commissioner.

Sec. 1403 of the Code is as follows:-

Sec. 1403. Quantity of real and personal estate they may hold.

Such trustees shall not take or hold at any time more
than two acres of land in a city or town, nor more than
seventy-five acres out of a city or town; and they shall not
take or hold at any one time money, securities, or other
personal estate exceeding in the aggregate, exclusive of the
books and furniture aforesaid, the sum of thirty thousand
dollars.

After a careful analysis of the foregoing authorities,
I am of the opinion that the Church cannot take the lot
devised to it under the will, but under the provisions of
Sec. 1398 as amended, the trustees can take the $10,000.00
"Bequest", provided such taking by them will not be in contravention
of the provisions of Sec. 1403 above set out.

The rule laid down by our Court of Appeals in St.
Stephens Church v. Morris, 115 Va. 225, has no application
here, as the testator merely expresses a wish that a memorial
be erected to his parents, and does not specifically direct
it to be done.

RECAPITULATION.

Having renounced the will, the widow should first have
her dower in the real estate allotted to her. She should
also be given one-half of the personal property absolutely.

Out of the balance of the personalty, $1000.00 should
be at once paid to Conny Brown.

And $10,000.00 should be paid to the Trustees of Emanuel
Church of Covington, if said Trustees are entitled to hold
the same under the provisions of Sec. 1403 of the Code.

$50,000.00 of securities should then be set apart and
held by the Executors in accordance with the views hereinbefore
expressed.

Such of the books in testator's library as are not
assigned to the widow, should be turned over to Dr. Parrish,
to be held by him during his life, and upon his death one
thousand volumes shall go to the University, and one thousand
to the State Library, if so many may remain; otherwise the
number to each shall be reduced equally.

COPY OF WILL OF
ROBERT LEWIS PARRISH.

I, Robert Lewis Parrish, son of Robert Lewis and Margaret

Care Parrish, of Covington, Virginia, being of sound mind
and in good health, hereby revoking all other wills at any
time heretofore made by me, do make, publish and declare this
my last will and testament in manner and form as follows, to-wit:

I give, devise and bequeath to my wife, Gray Morehead
Parrish, the real estate and buildings and improvements on
which I now reside on the northeast side of Maple Avenue
in the town of Covington, Virginia, along with all personal
property therein or thereon at the time of my death, for and
during the time of her natural life with remainder after her
death to my brother Philip Percy Parrish, or until she the
said Gray Morehead Parrish shall again marry, in which event
the same shall become the property of said Philip Percy
Parrish, absolutely.

I give, devise and bequeath to the said Gray Morehead
Parrish absolutely, the sum of twenty five thousand dollars
cash ($25,000.00).

Out of my private library contained in said residence
I hereby request the said Gray Morehead and Philip Percy
Parrish to give to the University of Virginia Library (to
the Rector and Visitors of the University of Virginia) one
thousand volumes and to the Virginia State Library, one
thousand volumes, said volumes to be selected by said
Libraries with the consent of the said Gray Morehead Parrish.

I give, devise and bequeath to the Trustees of Emmanuel
Episcopal Church at Covington the lot fronting on Maple
Avenue in Covington between the Church lot and the lot sold
by me to Mrs. Sadie R. Rogers. Also the sum of ten thousand
dollars. I hope said Trustees will erect a handsome church
and place therein suitable memorials to my late mother and
father.

I give, devise and bequeath to the Rector and Visitors
of the University of Virginia the sum of fifty thousand dollars,
($50,000.00).

All the rest and residue of my estate, real and personal
and mixed I wish to be divided between the said Gray Morehead
Parrish and Philip Percy Parrish, one-third to the said
Philip Percy and two-thirds of the said Gray Morehead, Gray
Morehead Parrish taking her share for and during the term
of her natural life with remainder after her death to the
said Philip Percy Parrish or till her marriage again, in which
event her share last named shall be and become the property
of the said Philip Percy Parrish absolutely.

I hereby nominate and appoint my wife Gray Morehead Parrish,
my brother Philip Percy Parrish, my brother-in-law, John

Motley Morehead of Chicago and my friend, W. W. Taylor
of Lynchburg, Virginia, Executors of this my last will and
testament and I hereby request the court or courts in which
the same is admitted to probate to allow them to qualify
as such without giving any security whatever.

The whole of this will including the signature thereto
is written with my own hand.

Given under my hand and seal this 8th day of May, 1912.

(signed) Robert Lewis Parrish [Description: (seal)]

CODICIL No. 1. to the above will made this 25th day of
May, 1912.

The legacy of fifty thousand dollars ($50,000.00) above
made in favor of the Rector and Visitors of the University
of Virginia is hereby revoked, and instead thereof I hereby
give, devise and bequeath to said Rector and Visitors of the
University of Virginia the sum of fifty thousand dollars
($50,000.00) to be paid after the marriage or death of the
above mentioned Gray Morehead Parrish.

I hereby confirm the above will and as interlined and
erased.

Given under my hand and seal this 25th day of May, 1912.

(signed) Robert Lewis Parrish [Description: (seal)]

CODICIL No. 2. to the above will dated May 8th, 1912.

Since the making of the above will I have become directly
or indirectly liable to the extent of about $150,000.00 jointly
with W. W. Taylor on account of the Oriskany Ore & Iron Corporation.
I desire my executors above named to pay onehalf
(1/2) of all of said indebtedness out of money that may
come into their hands at the tim of my death, taking therefor
the note or obligation of the Oriskany Ore & Iron Corporation.

CODICIL No. 3. I hereby bequeath the books above mentioned
to the University of Virginia and State of Virginia after
the death/of said Philip Percy Parrish.

or marriage of the said Grey Morehead Parrish and after the death
Given under my hand and seal this 25th day of July, 1913.

(signed) R. L. Parrish [Description: (seal)]

Said will was admitted to probate in the Clerk's Office
of Allaghany County, Virginia, on or about the 15th day of
August, 1915, and was duly recorded in said office.

Shortly thereafter the widow of said Robert L. Parrish,

Mrs. Gray Morehead Parrish, acting in accordance with provisions
of Section 2559 of the Code of Virginia, renounced said will
and elected to claim her dower in one-third of the real estate
of which her husband died seized and possessed, and her distributive
share in his personal property one-half thereof
absolutely).

On the       day of        , 1915, the said Gray Morehead
Parrish, Philip Percy Parrish, John Motley Morehead and
W. W. Taylor, qualified in said Clerk's Office of the Circuit
Court of Alleghany County as Executors of the said Robert
L. Parrish, entering into bond without security in the sum
of $500,000.00. Subsequently the amount of said bond was reduced
to $300,000.00, and on motion of certain parties in
interest, security was furnished thereon and approved by
said Court.

From the date of their said qualification until the 11th
day of December, 1916, said Executors held said estate practically
intact. During the early part of the year 1916, adjustment
was made by them of the liabilities referred to in
the second Codicil of said will, and all debts having been
settled in full, said Executors proceeded on said 11th day of
December, 1916, with the distribution of the personal estate
then in their hands, and at that time turned over to the said
Gray Morehead Parrish, the widow, one-half of all intangible
personal property so held by them. At the same time settlement
in full was made with Connie Brown, and the bequest to the
Trustees of Emmanuel Episcopal Church was satisfied to said
Trustees in full.

Furthermore, said Executors delivered practically all of
the residue of the intangible property remaining in their
hands after making said payments, to the Covington National
Bank, with instructions to said Bank to deliver same or any
part thereof to such person or persons as might be designated
in a written order signed by J. M. Perry, Attorney for said
Philip Percy Parrish, and also signed by W. Allan Perkins,
Attorney for the Rector and Visitors of the University of
Virginia; and upon such delivery, proper receipt to said
Executors to be taken by said Bank.

Under the terms of said will the said Philip Percy
Parrish and said The Rector and Visitors of the University of
Virginia each have an interest in the property so held by
said Bank.

And in order that all questions with reference to the respective
amounts due each of these parties, the date at which
each of them is entitled to possession thereof, and any and
all questions which have arisen or may arise by virtue of the
renunciation of said will by said widow as aforesaid, may be

forever set at rest, the said Philip Percy Parrish, party of
the first part, and said The Rector and Visitors of the
University of Virginia, hereinafter called the "University",
of the second part, do hereby agree and bind themselves to
abide strictly by the provisions hereinafter set out, which
are as follows:-

FIRST

The sum of fifty thousand dollars ($50,000.00), made
up of cash and of securities bearing not less than six
per cent (6%) interest, shall be delivered to said University
immediately upon the execution of this contract. And
after the receipt of said amount by it said University will
pay to the said Philip Percy Parrish the sum of twenty-two
hundred and fifty dollars ($2250.00) per annum during the whole
of his natural life, said amount to be paid in semi-annual
installments of eleven hundred and twenty-five ($1125.00)
dollars each, the first of these payments to be made six months
after the date of the receipt of said fifty thousand dollars
($50,000.00) by said University, if said Parrish be then
living, and the subsequent payments to be made at intervals
of six months thereafter until the death of said Philip Percy
Parrish; said annuity to cease and determine upon payment of
the last installment immediately preceding the death of said
Philip Percy Parrish, unless such death shall occur at least
three months after any appointed day of payment on account
of said annuity, in which event the current installment
of said annuity shall be pro rated as of the date of such
death.

SECOND

Immediately upon the execution of this contract by said
parties of the first and second parts, said J. M. Perry and
W. Allan Perkins, Attorneys as aforesaid, shall deliver to
said Covington National Bank an order in writing signed
by them on behalf of their respective principals, directing
said bank to deliver to said Perry and Perkins, Attorneys as
aforesaid, the following securities:

Bonds of the Oriskany Ore & Iron Corporation of the face
value of twnty-two thousand, five hundred dollars ($22,500.00).

Certificates for four hundred and fifty shares of the
common stock of said Oriskany Ore and Iron Corporation, which
said stock, under the financial plan adopted by said Corporation
goes with the bonds aforesaid as a bonus at the ratio of two
dollars ($2.00) par of stock for one dollar ($1.00) face value
of bonds.

Seventy-four (74) shares of the capital stock of the
Covington National Bank of Covington, Virginia.

Twenty-five (25) shares of the capital stock of the Peoples'
National Bank of Lynchburg, Virginia.

Twenty-seven (27) shares of the capital stock of the
Covington Grocery Company, of Covington, Virginia.

Two Masonic bonds for five hundred dollars ($5000.00)
each, Covington Lodge, No. 171, Covington, Virginia.

And the said Parry and Perkins, Attorneys as aforesaid,
shall proceed at once to sell the seventy-four (74) shares
of Covington National Bank stock and the twenty-five (25)
shares of stock of the Peoples National Bank of Lynchburg,
Virginia, holding the proceeds derived from such sales for
the purpose hereinafter set out.

THIRD.

As soon as the sale of said bank stock is made and the
amount derived therefrom definitely ascertained, said Philip
Percy Parrish shall execute and deliver to said attorneys
his bond in an amount equal to the difference between the
net sum received by them for said bank stock and fifty thousand
dollars ($50,000.00). Said bond shall bear date as of its
delivery and be payable to said Rector and Visitors of the
University of Virginia, at the Peoples National Bank of
Charlottesville, Virginia, on or before the date of death of
the said Philip Percy Parrish, with the right of the obligor
of anticipating payment in whole or in part, shall bear
interest at the rate of six per cent (6%) per annum, said
interest to be paid semi-annually, contain a waiver of the
homestead exemption and be secured by a deed of trust constituting
a first lien upon all of the real estate owned by said
Philip Percy Parrish and situated in the town of Covington
and County of Alleghany, Virginia, said deed to be drawn
in such form as to be acceptable to said University.

FOURTH.

Immediately upon the execution of said bond and deed
of trust and delivery of the same to said Perry and Perkins,
Attorneys as aforesaid, said Attorneys shall deliver to said
University the total amount derived by them from sale of the
bank stock as aforesaid, together with said bond and deed
of trust securing same, and as additional and collateral
security for the payment of said bond they shall also deliver
to said University the bonds and stock of the Oriskany Ore
& Iron Company, the twenty-seven (27) shares of Covington
Grocery Company stock, and the two Masonic bonds as enumerated
above, all of which shall be properly assigned in blank
and endorsed by said Philip Percy Parrish.

FIFTH.

It is expressly understood and agreed that within six months
from date of delivery of same to said University, the said
Philip Percy Parrish will make sale of the twenty-seven (27)

shares of Covington Grocery Company stock and when such
sale is made the amount derived therefrom, which the said
Parrish guarantees shall not be less than One hundred and
forty Dollars ($140.00) per share net, shall be paid directly
to said University and credited by it upon the principal
amount of said Parrish's bond aforesaid. If sale of said
stock is not made by said Parrish within six months, as
above, then said University shall be at liberty to sell and
deliver, said stock, crediting the proceeds therefrom upon
said Parrish's bond as aforesaid.

The Oriskany bonds and the Masonic bonds above referred
to may be sold at any time by said University or collected
by it at maturity, and amounts so derived are also to be
credited upon said Parrish's bond as aforesaid. Oriskany
stock shall also be sold by said University and the proceeds
likewise applied as a credit upon said bond. And in case
of a sale. or sale, of said bonds, or any of them, or of said
stock, full authority is hereby vested in said University
to consummate the same at such price as it may see fit, and
make delivery of said bonds and stock to the purchaser.

SIXTH.

All of the property delivered to said University in
accordance with the foregoing terms, except the securities
turned over to be held by it as collateral for said Parrish's
bond, shall immediately upon such delivery become
the absolute property of said University and be held by it
in fee simple. Title to said collateral shall remain in
said Parrish, of course, subject, however, to the right hereinbefore
given said University to sell and deliver the same
and apply the proceeds to the payment of said Parrish's
bond.

IN TESTIMONY WHEREOF the said Philip Percy Parrish
has hereunto affixed his signature and seal, and said Rector
and Visitors of the University of Virginia has caused its
name to be signed hereto by Armistead C. Gordon, Rector, and
its Corporate Seal to be hereunto affixed and attested by E.
I. Carruthers, its Secretary, this 31st day of January, 1917.

The Chairman of the Committee on R. L. Parrish bequest

stated that Mr. W. Allan Perkins Attorney in the said Matter,
had submitted his bill for fees and expenses in the amount of
$825.75, which was ordered paid.

Prof. Armistead M. Dobie made application for a leave
of absence in order to enter the Reserve Officers' Training
Corps, which upon the recommendation of President Alderman,
was granted in the following resolution:

RESOLVED. That leave of absence during the war, be granted
Prof. A. M. Dobie, with pay until September 15, 1917.

Upon the recommendation of President Alderman, a leave
of absence to Dr. W. A. Kepner foe the session of 1917-18,
on half-pay, was granted. It is understood that Dr. Kepner
wishes to take advantage of a scholarship at Johns Hopkins
University, offering him the opportunity for valuable research
work. The remainder of Dr. Kepner's salary is to
be used to furnish his substitutes.

Upon the recommendation of President Alderman, a Special
Committee on economy in heat and light was appointed, consisting
of the President, Dr. Lambeth, Prof. Newcomb, Dr. Faulkner
and Prof. Hancock.

President Alderman then announced the following gifts to
the University:

Promotions in the teaching staff were announced by the President
as follows:

The President announced the following resignations, which were
accepted:

President Alderman was requested to prepare a resolution which
was adopted as follows:

The Rector and Visitors and the President desire to place
on record their deep sense of regret at the resignation of
the above named members of the teaching staff of the University
of Virginia, and to record their gratitude for the able
and devoted service rendered to the University by these
gentlemen during their term of service.

Upon recommendation of President Alderman, Mr. Charles S.
Venable was elected Adjunct Professor of Chemistry at a salary

of $1,400 per annum.

Dr. Alderman announced to the Board that it was his
purpose to turn into the Bursar's Office the income on the
$250,000. gift, now on deposit with the Guaranty Trust Co.
at 3% interest, to aid in meeting the deficit caused by the
increased cost of coal for the present fiscal year, and
that he would also turn in the said income for the session
of 1917-18, as set out in the budget.

The President was authorized to grant to members of the
faculty use of University land for agricultural purposes for
raising food.

A letter was presented and read from the Secretary
of the Miller Board of Trustees, concerning the residence
for the Professor of Biology and Agriculture. The matter
was referred to a committee consisting of Messrs. Michie,
Gordon and President Alderman, with power to act.

Upon the recommendation of President Alderman, the following
committees were appointed:

Correspondence of President Alderman with the Secretary
of War with reference to detailing an officer to serve as
Instructor in Military Science and Tactics at the University:

Official:

H. P. McCain,

The Adjutant General.

Upon the recommendation of President Alderman, Lt. Col.
James A. Cole, was elected Professor of Military Science and
Tactics, subject to the pleasure of the Board and under the
terms of the National Defense Act.

In order that the necessary arms and equipment be secured
from the Federal Government for instruction in Military Science
and Tactics, the Rector was authorized to execute a bond therefor,
as set out in the following resolution, which was unanimously

adopted:

RESOLVED, That Armistead C. Gordon, Rector of the University
of Virginia, be and he is hereby authorized to execute for
and in the name of the University of Virginia, abond in the
penal amount of $5,420, in the form required by the War
Department, to insure the safe-keeping and return, when
required by the Secretary of War, of certain military equipment.

Upon the recommendation of the General Faculty, and with the
approval of Dr. Alderman, it was

RESOLVED: That the present session terminates on May 31st,
in order that the students so desiring may enter the Plattsburg
Training Camps, opening on June 2nd.

The following were ordered spread upon the minutes:

EXHIBIT "A".

To The University Council on National Service:-

The undersigned Military Committee from the Law Faculty
beg to make the following recommendations:

(1) Shortening the session -

We recommend that the present session be shortened so
that students so desiring may be able to attend the June
Training Camp at Plattsburg, beginning June 2nd.

(2) Credit for Military Instruction -

We recommend that credit for Military Instruction
and Training be given in the Law School as follows:

For the elective-at-large, and for the following required
subjects — International Law, or Public Speaking,
Taxation, and Municipal Corporations.

To obtain credit, the student must offer one hour
of lecture work in Military Instruction (or two hours of
Drill or Filed work) for each hour in each of the subjects
above indicated; and credit cannot be obtained for more than
two subjects during a single session. No credit shall be
given in any case, save upon presentation of the proper
certificate from the Officer in charge of Military Instruction.

EXHIBIT "B"

Report of the Military Committee of the Medical
Faculty on the question of Credit for
work in the Reserve Officers' Training Corps.

Whereas there are no elective subjects in the medical
curriculum and all subjects in this curriculum are necessary
to meet the requirements of State Licensing Boards and other
recognized standardizing agencies, it is not possible to
give any credit for the Degree of Doctor of Medicine on
account of work done in the Reserve Officers' Training
Corps.

The Medical Faculty, however, desires to place no
obstacle in the way of medical students taking this work;
and suggests that, if the field work come after 4 P. M.,
medical students will be able to engage in it without conflict
with their medical studies. The Medical Faculty will
also gladly make any possible changes in the schedule to
enable its students to attend the lectures of the course,
but would prefer that these lectures come not earlier than 12 M.

The Medical Faculty also desires to record its conviction
that the work of the Reserve Officers' Training Corps
will be of great value to any medical student in view of the
possibility of his subsequent service in the Medical Corps
of the Army or Navy.

EXHIBIT "C"

Recommendations of the Military Committee
of the Engineering Dep't.

The following recommendations are hereby respectfully
made to the Engineering Faculty and to the Military Commi-
ttee of the University:

1. That the Spring term of this session be shortened
by one week, advancing the beginning of the examination
period to May 21st, in order to complete all term work
by May 31st, thus releasing men for the Plattsburg Camps,
which open on June 2nd.

2. That Finals be abolished this session, and that degrees
be conferred on May 31st.

3. That the Senior examinations now scheduled for the tenth
day of the period be scheduled earlier in order to allow
grading of Senior papers before May 31st.

4. That the Seniors in Engineering be allowed to substitute
the proposed course in Military Instruction, this term,
for Course 507, Canal and River Engineering.

5. That in view of the above substitution the military
instructor shall hold an examination on his course, the
grades in which will be accepted as substituting for the
above named Course 507.

6. That students, other than candidates for degrees this
year, be assured of credit being extended for the satisfactory
completion of this term's military instruction.

7. That the matter of credits for future work in military
instruction here be left for a later adjustment.

8. That all engineering students be urged to take the proposed
military instruction and further to attend the full
Plattsburg course this summer; and that the same credit be
extended here for this work at Plattsburg, if satisfactorily
completed, as would be extended for military work done here.

Resolution adopted by the Medical Faculty, April 4, 1917.

RESOLUTIONS OF THE MEDICAL FACULTY, APRIL 11, 1917.

Whereas the Council on National Defense and the Surgeon
Generals of the Army and Navy have expressed their opinion that
it is advisable for medical schools to continue instruction
through the summer months, and so, by graduating classes
earlier, meet unusual needs of the country for medical service;

And Whereas the first, second and third year medical
classes have signified their willingness to go on continuously
with the work during the period of the war, therefore:

Be it resolved that the Medical Faculty hereby petitions
the Rector and Visitors of the University of Virginia to
authorize such continuous work in the Department of Medicine
as the President with the advice of the Medical Faculty may
consider desirable.

RESOLVED, That in the case of any student in one of the
professional departments of the University, who is called
out for military service, the President of the University
and the Dean of the professional department concerned, shall

have power to adjust all questions regarding credits to be
granted this student for work which he leaves unfinished
during the unexpired portion of the session. The President
and the Dean concerned shall also have authority to
determine whether such a student, if candidate for a degree
at the end of this session, shall receive the degree.
The following paper setting forth the policy of the University
in relation to the war, was considered and adopted:

THE UNIVERSITY OF VIRGINIA AND THE WAR

I. THE UNIVERSITY'S ATTITUDE.

In view of the fact that our Country is now at
war, the authorities and the students of the University
of Virginia desire that its resources, both in men and
equipment, shall be devoted to the service of the nation.
To that end, the University assures the President of the
United States and the Governor of Virginia of its readiness
to support and to cooperate with them in ways that may
seem feasible and effective for the successful prosecution
of the war.

II. REGULAR WORK TO BE MAINTAINED.

It seems evidently the part of wisdom for the
University to perform during the continuance of the war its
regular functions and activities, subject only to imperative
modifications. However, the present session will end May
the thirty-first.

III. ADVICE TO STUDENTS.

The Federal War Department has detailed Lt. Col.
James A. Cole of the U. S. Army to have charge of the military
instruction and training in the University. More than three-fourths
of the student body have already enrolled as members
of the Reserve Officers' Training Corps. Students under
twenty-one years of age are not eligible for commissions in any
branch of the Federal Military or Naval service. In the
light of these facts, the University officially advises
students under twenty, (except for those who are members
of the organized militia or other branches of service, who,
therefore, are subject to immediate call) to continue their

studies at the University, and all those physically fit to
prepare themselves for the service of the Country by means
of the military training here offered. The call of duty to
the country is the primary obligation at this time in our
national life. We do not wish, however, to make the mistake
made in England at the outset of the great war and deplete
the Universities of their immature youth for immediate
field service. Looking at the problem in the large, the
wisest possible thing that parents can do for their sons,
between the ages of seventeen and twenty, is to see that
they get to the colleges and universities for such instruction
— scientific and military — as will fit them for
positions of necessary leadership in the service of the
Country. There is no more vital post of duty for high
school graduates than college training looking towards
larger usefulness to the nation. The military instruction
under Col. Cole is optional for every student, but those
students who return next session, having once elected the
course will be required to complete it, provided they stay
at the University.

IV. PLANS FOT FURTHER PREPAREDNESS.

Steps are now being taken for the effective organization
of the Departments of Engineering, Medicine, and
the large University Hospital for national service. Instruction
in Wireless Telegraphy is provided, and will continue
subject to the control of Col. Cole and the approval of
the War Department. Advanced students in Chemistry have
volunteered their services to the Government of the United
States in the cause of industrial preparedness. Readjustment
in the courses in Chemistry and other subjects will
be made for the purpose of more adequately equipping the
students.

V. SCHOLASTIC CREDITS AND DEGREES.

No exact rules covering all cases of scholastic
credits and degrees can be stated at this time. In general,
however, it may be said that applicants for the degrees of
B. A. and B. S. this session whose work at the University
has been satisfactory, and who are or who become members of
of the various military or naval organizations, called out
by the Government, will be excused from courses which they
have not time to complete, and will have their respective
degrees conferred on them, upon the written certification of
their military or naval commanders that their work has been
satisfactory.

The same principle for scholastic credits in the
College applies, mutatis mutandis, for the work of the present
term. to those undergraduate students who are not applicants
for degrees this session.

The students of the Graduate Department and of
the Departments of Law, Engineering and Medicine, are
referred to their respective Deans for detailed information.

Except in the Department of Medicine, all students
who remain members of the University will receive appropriate
credits towards their various degrees upon the successful
completion of the course in military instruction and training.

VI. INTERCOLLEGIATE ATHLETICS.

By the unanimous vote of the Executive Committee
of the General Athletic Association, intercollegiate athletics
are suspended and the schedule for this session has been
cancelled.

VII. FACULTY VOLUNTEERS.

Those officers of Administration and Instruction
in the University whose war services are accepted by the
National Government, will be granted necessary leaves of
absence.

VIII. THE UNIVERSITY COUNCIL FOR NATIONAL SERVICE.

This Council has been appointed by the President
of the University of Virginia, with power to make rules,
issue statements and decide doubtful cases, subject to the
general jurisdiction of the Rector and Visitors of the University
of Virginia, in relation to University service and the
national need.

The Council consists of President Alderman
(Chairman ex officio), Prof. Echols (Vice-Chairman),
Prof. Dobie (Secretary), Dean Page, Dean Thornton, Dean
Hough, Prof. Marshall, Prof. Maphis, Prof. Newcomb and Col.
Cole.

RESOLVED:- That a fee of $3. be charged for the remainder
of the session for such persons not now entered in the University,
who may enter for Military Training only.

An appropriation of $109. was made to purchase the necessary
apparatus for teaching Wireless Telegraphy under the direction
of the Department of Physics.

Report of Special Committee, appointed at the meeting
of March 23rd to consider and pass upon certain items of
the docket for said meeting, submitted the following report,
which was received and ordered spread:

RESOLVED: That in the opinion of the Board it would bean
economical and much more satisfactory method of insuring the
property belonging to the State of Virginia than that now
existing, for the State, by legislative enactment, to become
its own insurer. This is a method which the Board
is informed has been adopted by other states with approved
results, and the Board recommends it to the favorable consideration
of the General Assembly.

RESOLVED: That a copy of this resolution be transmitted
by the Secretary to the Honorable Joseph Button, Superintendent
of Insurance.

RESOLVED: That a committee consisting of five members of the
Board be appointed on the Centennial Celebration of the

University, to co-operate with the Committees which have
already been appointed by the Faculty of the University
and the General Alumni Association.

The Rector appointed on this committee Messrs. Michie,
Craddock, White, Hutton and the Rector.

RESOLVED: That a Committee of three be appointed to take
into consideration, and make report to this Board, the
matter of adjustment of the rents of the University buildings
occupied by professors and officials of the University,
and of the commutation of rents with reference to the
salaries of such professors and officials.

The Rector appointed on this committee, President
Alderman, Mr. Michie, the Superintendent of Grounds and
Buildings, and the Bursar.

The Bursar having stated to the Board that the notes
aggregating $30,000, executed by J. W. Hough and Abner
S. Pope, of Norfolk, Va., and secured by deed of trust to
Walter H. Taylor, Trustee, on the Stump-Haul Fishery in Princess
Anne County, Va., bearing date of the 7th day of February,
1911, have been fully paid off and discharged, and the said
Hough and Pope being now entitled to a release of the lien
securing said debt, and they having made application for the
same.

RESOLVED: That the Rector and Secretary of the Board be and
they are hereby authorized and directed to make and deliver
to the said J. W. Hough and Abner S. Pope a proper deed releasing

said lien to be united in by the said Walter H.
Taylor, Trustee, as aforesaid.

RESOLVED: That the sum of $1,500 of the Senff Fund for
the Improvement of Roads and Grounds, be used towards the
construction of a macadam road to the Observatory.

The following resolution was adopted:

RESOLVED: That Armistead C. Gordon, Rector of the University
of Virginia, ba and he is hereby authorized to execute for
and in the name of the University of Virginia, a bond in
the penal amount of $5,420.00, in the form required by the
War Department to insure the safe-keeping and return, when
required by the Secretary of War, of certain military
equipment.

RESOLVED: That the tentative "War" Budget for the next
session, submitted by President Alderman be adopted, subject
to such changes as the conditions during the war may necessi-
tate.

[for "War" budget see page 151]