 | Board of Visitors minutes January 8, 1954 |  |
ESTATE OF MATTIE BROOKE BEALL
Mr. C. Venable Minor, Special Counsel for the Rector and Visitors, presented a draft of a
resolution to the Board for its consideration in the matter of the Estate of Mattie Brooke Beall.
Upon consideration the Board adopted the resolution as drafted, which reads as follows
WHEREAS, Mattie Brooke Beall died on the 17th day of December, 1952, a resident of the
District of Columbia, leaving a will which has been duly probated in said District, in the
fifth paragraph of which said decedent provided as follows
"Fifth: All the rest residue and remainder of my estate, of whatsoever
character and wheresoever the same may be situate, including real, personal
and mixed property, of which I may die seized or possessed, or to which I
may be in any manner entitled or interested in, I hereby give, devise and
bequeath unto the Trustees Of Mary Stamps Royster White Fund, in memory
of my sister, Louise Ogle Beall.", and
WHEREAS, there is considerable doubt as to whether or not the Rector and Visitors of the
University of Virginia, as Trustee of a fund formerly known as "The Mary Stamps Royster
Memorial Fund", but now known as the "Mary Stamps Suhling Cancer Fund", the purposes of said trust
having been changed, is entitled to said residuary legacy; and,
WHEREAS, claim has been made by Floyd Brooke Beall Spencer, sole surviving heir at law and
next of kin of said decedent, that said decedent died intestate as to said residuary legacy, and,
WHEREAS, National Metropolitan Bank of Washington, Executor under the will of the late
Mattie Brooke Beall, has filed a petition for instructions in the United States District Court
for the District of Columbia, Holding Probate Court, as to the proper manner in which to make
distribution of said residuary legacy, to which petition said Floyd Brooke Beall Spencer and the
Rector and Visitors of the University of Virginia are parties respondent, and
WHEREAS, said Floyd Brooke Beall Spencer, through her counsel, has made an offer to
compromise the matter;
RESOLVED, that in order to avoid extensive and costly litigation, the outcome of
which is uncertain, it is to the best interests of the Rector and Visitors of the
University of Virginia to consent to the compromise settlement of the conflicting claims to
the residuary estate of Mattie Brooke Beall, as offered by Floyd Brooke Beall Spencer, only
surviving heir at law and next of kin of said decedent, Mattie Brooke Beall, whereby one-half
of the residuary legacy provided for in paragraph Fifth of the will of said Mattie Brooke
Beall shall be paid to said Floyd Brooke Beall Spencer and the other one-half to the Rector
and Visitors of the University of Virginia, said latter sum to be held in trust and added
to the Mary Stamps Suhling Cancer Fund now held by said the Rector and Visitors of the
University of Virginia, the income therefrom to be used for the purposes of said Fund,
PROVIDED, however, that such compromise settlement be ratified and confirmed by an
order of the Court before which this matter is now pending,
RESOLVED, FURTHER, that C. Venable Minor, Special Counsel for the Rector and Visitors
of the University of Virginia, be and he is hereby authorized and directed to consent, on
behalf of the Rector and Visitors of the University of Virginia, to the entry of an order
in the United States District Court for the District of Columbia, Holding Probate Court,
before which this matter is now pending, ratifying and confirming said compromise settlement
| Board of Visitors minutes January 8, 1954 | |