The Rush Weir Story

Vaiden School Given $25,000

Coleman, Stevens And Rowe Named Executors In Last Will

Winona Times, February 3, 1939. P. 1, P. 4.

The Vaiden High School was given $25,000 to be used by the trustees of the school in any manner they might see fit as provided in the last will of R.C. Weir, who died Sunday morning at his home in Vaiden with a heart attack.

Mr. Weir’s will was written back in August, 1938, by V.D. Rowe, local attorney, and the will set out twelve items which he desired as follows:

Item 1 – That the just debts and funeral expenses be paid.

Items 2, 3, and 4 – That his cousins Bessie Ervine and Faith Thompson, both of Raphine, Virginia, and Miss Elnora Whipple, of Virginia, each be given $10,000 out of his personal estate.

Item 5 leaves to the Mississippi Children’s Home of Jackson $20,000.

Item 6 shows his desire that the Old Ladies’ Home in Jackson be given $20,000. It is said that Mr. Weir has many years past borne the expense of one month out of each year for running the Old Ladies’ Home in Jackson. This was kept very secretive by the few who know of the wonderful work he was doing with his money.

Item 7 states his wish that the Vaiden High School be given $25,000 to be turned over to the school trustees to be used in any way they might see fit for the betterment of the educational facilities of the Vaiden School.

Item 8 set out his desire that Miss Bessie DeRamus* be supported and maintained out of his personal estate for the remainder of her life.

In Item 9, A.J. Coleman, Jr., of Vaiden, and Hon. V.D. Rowe, of Winona were named as executors to carry out his will without orders from the court and requiring no bond.

Items 10 and 11 were instructions to the executors that all of his real estate and personal property be sold by the executors as they see fit either as a whole or in part or in any way they think best.

Item 12 sets out that he wants the remainder of his estate after the other items are taken care of to be distributed equally among the three state owned schools, the University of Mississippi, at Oxford, Mississippi State College, State College, Mississippi, and Mississippi State College for Women, at Columbus.

Mr. Weir was 89 years of age at the time of his death and was a man who never told or bragged of his earthly belongings. Several months ago he gave $135,000 to Belhaven College and never let it be known who gave the money.

He has educated many boys and girls in the state without anyone knowing where the money was coming from. He was a devout member of the Presbyterian Church and a great believer in education. It is believed that he gave more money to church institutions and to the betterment of the educational facilities than any one person in Mississippi.

His 89 years on earth were spent in helping others and not working for praise or publicity.

He was a careful business man and was always sure of his investments and when he made a dollar he received great pleasure out of spending it for the betterment of humanity.

* [Ed. Note: Bessie Deramus died on February 2, 1939, at the age of 22, just 4 days after Mr. Weir’s death. She is buried at the head of Mr. Weir’s grave.]

Weir Article -- Date Unknown

Court Decision Gives Funds to State Schools

The Conservative, Carrollton, MS. June 6, 1941. P.1

Conclusion is Reached by Supreme Court in Disposition of R.C. Weir Estate

In a decision affecting disposal of the estate of R.C. Weir, late Carroll County Philanthropist, the Supreme Court last week made available approximately $235,000 which is to be divided among Mississippi State College, the University, and MSCW, at Columbus.

Mr. Weir, who died January 29, 1939, requested in his will that proceeds from the sale of lands – after certain specified legacies were affected – were to be endowed to the three institutions, but litigation filed by three cousins of Mr. Weir had kept the case in court.

Each of the cousins under terms of the testament, was left $10,000 each but they attacked the proposed land sale under Section 169 of the 1890 code, which says, in effect, that “every bequest of any money directed to be raised by sale of lands, to any body politic, in trust, for the purpose of being appropriated to charitable uses shall be void.”

The statute was enacted, the court pointed out, to prevent evils “which provoked early mortmain statutes.” In the election last fall, Mississippi approved a mortmain amendment to the constitution which makes it possible to make such bequests in contradiction to provisions of the ancient law. However, the will was probated before the new law became effective.

Executors filed a bill to cancel all claims of the cousins to the lands directed to be sold for the institutions, and they were joined in this action by the institutions themselves.

In Carroll County Chancery Court, the cousins were upheld in their claims, based on the old law, but the supreme court overruled this decision by declaring the revenues were to be “used by the state” since the schools are state supported and actually “an arm of the state.”

Both Chief Justice Sydney Smith and Associate Justice W.D. Anderson dissented, but in the majority opinion, Associate Justice Julian Alexander said:

“Had R.C. Weir died intestate and without legal heirs, the lands would have passed on to the state by escheat. Does it comport with logic or public policy that while one’s lands may be given to the state by default, a testator may not by solemn and deliberate testamentary act make the state and those whom it serves the object of his bounty? We think not.”

Judge Alexander said the outlawed statute is “not applicable to bequest to the state, and therefore the three institutions are entitled to share in the residuary estate in conformity.”

It was estimated that $235,000 will be available for the institutions, which will be divided equally. Under a cash settlement of Mr. Weir’s will, each of the three schools had already received $50,000.

Report from the State College indicated the funds will be used in part to finance construction of a gymnasium, a need long felt at the campus, while MSCW is planning a remodeling program for the science building.

More Information on Vaiden’s Schools

Vaiden’s Schools Vaiden Bulldogs Schedules

The Rush Weir Will Graduating Classes