RECORD CASE NO. 13,727. IN THE SUPREME COURT OF THE UNITED STATES, OCTOBER TERM, 1892. - TERM NOS. 146 AND 147. THE GEORGIA INFIRMARY FOR THE RELIEF AND PROTECTION OF AGED AND AFFLICTED NEGROES, APPELLANT, VS. HARRIET C. JONES AND FRANK C. JONES, ADMINISTRATORS WITH THE WILL ANNEXED OF THE ESTATE OF GAZAWAY B. LAMAR, DECEASED, RESPONDENTS. THE CITY COUNCIL OF AUGUSTA, APPELLANT, VS. THE SAME, RESPONDENTS. BRIEF FOR RESPONDENTS. JOSEPH H. CHOATE, OF COUNSEL.
[np: 1931?]. 45, [1 blank] pp, with original printed front title wrapper. Disbound roughly [no effect on text], library rubberstamp and pencil notes on wrapper. Clean text, Good+.
The plaintiff, a Georgia charity, sought payment of a legacy under the will of Gazaway B. Lamar, who died in 1874. Lamar's will ordered his executors to pursue claims against the federal government "for cotton seized during the war, amounting to several hundred thousand dollars, for which suits in the United States Court of Claims and elsewhere were then pending." Before his death, Lamar collected $342,819.80 on those claims. Most of those cotton funds were disbursed before Lamar's death.
From the cotton claims collected, Lamar's will bequeathed funds "to be devoted to establishing and sustaining one or more hospitals for colored persons who have been slaves and their descendants, giving preference to those which once belonged to or were hired by me, more especially to provide for the old, decrepit, the blind, the deaf and dumb, the insane. . ." The Georgia Infirmary was disappointed with the small amount received under the will, as very little remained of the cotton funds when Lamar died.
The Administrators argue that the will directs the distribution of assets existing only at the time of the testator's death, and so the Infirmary and its representatives [The City of Augusta and the Oglethorpe Institute of Savannah, administering the Infirmary] were entitled only to their share of the cotton funds when Lamar died. Item #40625
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