Campbell v. Christ Protestant Episcopal Church of Wellsburg

Decedent executed her will July 16, 1960; she died June 9, 1969, leaving no spouse, child, parent or grandchild but as heirs and legatees two adult nephews, a grandnephew and a grandniece. Her estate had an appraised value of in excess of $560,000. Paragraph Sixth of the will provides: “Upon the conditions hereinafter expressed, and not otherwise, I give and bequeath to Christ Protestant Episcopal Church of Wells-burg, Brooke County, West Virginia, from my sister, Jeanette, and myself, as a memorial to my mother, Nannie C. Campbell, all shares of beneficial interest in the Massachusetts Investors Trust which are owned by me at the time of my death. Said shares and the proceeds of the sale or other disposition thereof shall constitute an endowment fund which shall be kept intact and the income therefrom used by said church as may be determined by the rector and vestry of such church. It is my desire to provide such church with a continuing income. The condition of such gift and bequest is that in accepting the same said church shall agree in writing to provide adequate perpetual care for the cemetery lot in the Brooke County Cemetery, which is known as the Campbell lot,…