The Last Will And Testament Of Don Carlos Janes
The probation of the will of Don Carols Janes has brought forth many ejaculations from brethren in various quarters who have had reports of the contents of the will. But it is not a matter of surprise at all to some of us who have known what was being done with "missionary money" by this "one-man missionary society." When brethren were told of these things the usual reaction was a sort of a look of askance or of suspicion that we were just taking a pique at someone whom, perhaps, we did not like - and they went on giving their money to a one-man missionary agency. The last will and testament of Don Carlos Janes lifts the veil, and the lid, and the brethren can now see for themselves.
The Bible Banner is publishing this document in full because of its world-wide interest and its definite bearing on vital issues in the church.-(Editor).
I, Don Carlos Janes, being a resident of Louisville, Jefferson County, Kentucky, do hereby make and declare this my last Will and Testament, hereby revoking any and all Wills by me heretofore made.
Item I.
I direct all my just debts and funeral expenses be paid.
Item Ii
I direct that my body be buried at Resthaven Cemetery, Jefferson County, Kentucky, beside that of my dear wife.
Item Iii
I direct that the items mentioned in Item I and Item II herein, and the following devises be paid out of -my personal estate.
I devise to my brother, Clarence L. Janes, Columbus, Ohio, the sum of Twenty-Five ($25.00) Dollars.
I devise to my nephew, Robert Janes, son of my brother, Clarence L. Janes, Sunbury, Ohio, the sum of Twenty-Five ($25.00) Dollars.
I devise to my niece, Mrs. M. A. Baur, daughter of my brother, Clarence L. Janes, 1722 Catalina Street, Bond Hill, Cincinnati, Ohio, the sum of Twenty-Five ($25.00) Dollars.
I devise to my sister-in-law, Mrs. Eliza Kinsey, 1286 Mt. Vernon Street, Akron, Ohio, the sum of Twenty-Five ($25.00) Dollars.
The Janes Printing Company Stock, which I own at the time of my death, I devise to Tona Covey upon payment by the latter of Two ($2.00) Dollars per share for same,
which may be paid in either monthly or any other installments approved by my Executors. The proceeds of this stock are to go into the Fund for printing of free tracts agreeable to my Executors. After, said Fund is fully used for the purpose of printing these tracts, the plates, which I own, and from which said tracts are printed, I devise to Tona Covey, my faithful friend and worthy co-worker for many years.
Item Iv
Out of my personal estate, I direct my Executor to use the following amounts for the following purposes:
The sum of Two Hundred ($200.00) Dollars to be distributed among foreign missionaries, particularly those with whom I have been co-operating regularly through the years.
The sum of One Hundred ($100.00) Dollars for the continuation of the periodical "Missionary Messenger" for at least one year. Others may contribute to the maintenance fund, if they wish. The paper may be reduced in number of pages as the income may indicate. It is agreeable to my wish that the Missionary Messenger be continued indefinitely if it is practicable and agreeable to my Executors.
Being fully assured that the pre-millennial view of our Lord's coming advent is the scriptural orthodox teaching of the Church from the days of the apostles and feeling that the propaganda of the "Gospel Advocate," "Firm Foundation," "Apostolic Times," "Gospel Guardian," "Bible Banner" and some other publications has done great injury to the cause of the Lord in creating and spreading dissension and in creating the impression that this doctrine is heresy, and that the teachers of such doctrine are to be dis-fellowshipped, I have labored earnestly and extensively in the Scriptures and in religious literature, particularly in the literature of the "Disciples of Christ," commonly known as "Churches of Christ," or "Christian Churches," and as "The Nineteenth Century Restoration Movement" led by Brothers Barton W. Stone and Alexander Campbell, gathering data on this and allied matters with the result that a great deal of pertinent material has been assembled, which I wish used by my Executors in the wisest and best way known for the counteraction of error, for the promotion of peace and unity, and for the establishment of this doctrine which was taught in the original churches of Christ in the days of the apostles, and for the first three hundred years thereafter, which Pope Damascus denounced in A. D. 373, which a Catholic historian says was then "silenced" and later "entirely extirpated," which has been held down through the centuries and which was taught by many of the most able, honorable and useful members of the "Restoration Movement." I will that the residue of my estate, when the foregoing ends have been met, shall be used by my Executors for the publication and distribution, by sale or gift, or by both sales and gifts, of the material, which I have gathered on the imminent, personal, pre-millennial coming of the Lord Jesus Christ to earth to reign gloriously where once He suffered great pain and dishonor when "He was despised and rejected of men."
Item V
For some years now I have had in my hands certain Foreign Missionary Trust Funds. In order that my Executors shall be advised as to what property is mine and what property constitutes these Trust Funds, I now make explanation and direction as follows:
My own property consists of real estate and certain stocks make in my name and certain bonds, and certain cash, which will be in the bank on deposit in my own individual name.
The Trust Funds will be in cash on deposit in the bank in such a way as indicating that they are Trust Funds, and in savings accounts, and perhaps some real estate lien or mortgage notes, which will be indicated on the said accounts and notes, and on instruments securing same.
Item Vi
The Missionary Trust Funds, which have been in my hands, and which I have been administering for many years, are the following:
- Mission Homes Building Fund
- Cold Drafts Fund.
- Current Missionary Funds for general benefit of Missionaries, which before my death I may blend or combine into one Trust Fund, as they are held for the same uses and purposes.
These Funds were mainly raised by me from miscellaneous givers, who absolutely entrusted their gifts to me to be used for the use and benefit of Missionaries, who are teaching, preaching and serving as Christian Missionaries in lands foreign to the United States as follows:
- The Mission Homes Building Fund was raised and used for the purpose of providing homes to Christian Missionaries laboring in the foreign field.
- The Cold Drafts Fund was raised by me under the following circumstances: Prior to the time The Louisville Trust Company went into receivership, there was a deposit carried in The Louisville Trust Company for the purpose of supporting and taking care of the needs of the Missionaries in the foreign fields, on which there was being drawn checks, which were sent to said Missionaries. After The Louisville Trust Company closed its doors and was placed in receivership, it became apparent that the outstanding checks, which had been sent out would not be honored upon their return to New York or Louisville, and, in order to save embarrassment and inconvenience to the Missionaries, gifts were made at my solicitation by various persons in many places, which gifts were turned over to me, and which I in turn deposited in a bank here in Louisville for the purpose of making good the checks on the Louisville Trust Company when these checks should be returned by the Missionaries to Louisville for payment. I, therefore, called this Fund the "Cold Drafts Fund."
These two Funds long ago accomplished the purposes for which they were originally raised and the interest derived therefrom by loans has since been used for the general benefit of Missionaries, as set out in Item VI, No. "3" above.
In the event I should die or should not actually blend these two Funds into one Trust Fund before my death, I direct that same shall be blended and combined into one Fund after my Death, and be disbursed as follows, to the following Christian Missionaries and workers.
To The Following Persons In The African Field
Emma Sherriff the sum of Four Hundred and Ninety-Six ......................... $496.00 Dollars
Theodora Sherriff the sum of One Hundred Forty-Four ............................ $144.00 Dollars
W. N. Short the sum of One Thousand One Hundred Seventy-Six .................. $1,176.00 Dollars
Foy Short the sum of One Hundred Twelve.$ 112.00 Dollars
John Dow Merritt the sum of One Thousand One Hundred Fifty-Two .............. $1,152.00 Dollars
George M. Scott the sum of One Thousand Two Hundred Ten .... . ...$1,210.00 Dollars
Helen Pearl Scott the sum of Two Hundred Forty .................................. $ 240.00 Dollars
W. L. Brow the sum of One Thousand ...$1,000.00 Dollars
Robert Brown the sum of One Hundred Seventy-Six ............................... $ 176.00 Dollars
Ardath Darlene Brown the sum of NinetySix .... ....... ..$ 96.00 Dollars
Alva B. Reese the sum of Six Hundred Forty-One ................................. $ 641.00 Dollars
Boyd Reese the sum of One Hundred Forty Four .................................. $ 144.00 Dollars
S. D. Garrett the sum of Eight Hundred Sixty-Four ............................. $ 864.00 Dollars
J. C. Shewmaker the sum of One Hundred Forty-Four ............................ $ 144.00 Dollars
Orville D. Brittell the sum of One Hundred Twenty-Eight ............ .... .........$ 128.00 Dollars
Mrs. Myrtle Rowe the sum of One Hundred Eighty-Two ........................... $ 182.00 Dollars
Alvin Hobby the sum of One Hundred Ninety-Two ................................$ 192.00 Dollars
TO THE FOLLOWING PERSONS IN THE JAPAN FIELD
J. M. McCaleb the sum of Eight Hundred. 800.00 Dollars
Herman J. Fox the sum of Twelve Hundred. 1,200.00 Dollars
Miss Lillie D. Cypert the sum of Four Hundred ................................... $ 400.00 Dollars
Miss Sarah Andrews the sum of Four Hundred Sixteen .......................... $ 416.00 Dollars
O. D. Bixler the sum of Nine Hundred ..... $ 900.00 Dollars E. A. Rhodes the sum of One Thousand Fifty-Six ..............................$1,056.00 Dollars
TO THE FOLLOWING PERSONS IN THE CHINA WORK
Charles Gruver the sum of One Hundred Twenty-Eight .......................... $ 128.00 Dollars
N. B. Wright, the sum of Two Hundred Twenty-Four .......................... $ 224.00 Dollars
Lowell B. Davis the sum of Four Hundred.$ 400.00 Dollars Mrs. Alice Broaddus the sum of One Thousand Six Hundred Eighty ............. $1,680.00 Dollars
Lewis T. Oldham the sum of Three Hundred Twenty ................................ $ 320.00 Dollars
Roy Whitfield the sum of Two Hundred ..$ 200.00 Dollars
Miss Ethel Mattley the sum of Four Hundred Six ............................... $ 406.00 Dollars
TO THE FOLLOWING PERSONS IN THE PHILLIPPINE ISLANDS WORK
H. G. Cassell the sum of Six Hundred Seventy-Two .............................. $ 672.00 Dollars
O. T. Rodman the sum of Six Hundred Fifteen $ 615.00 Dollars
George R. Johnson................................ (of Brazil) the sum of Three Hundred Eighty-Four .......... $ 384.00 Dollars
Sukehiro Ishigure of the Los Angeles, Calif., Japanese Work, the Sum of Four Hundred Twenty-Two ...................... $ 422.00 Dollars
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Current Missionary Funds made-up of funds, which have been paid, and are currently being paid for missionary purposes to be paid to certain designated Missionaries. As moneys are thus collected and paid in, they are credited on a Missionary Ledger, which I found been carrying, and which will be found in my possessions, and on this Ledger will be found the names of said Missionaries, and the credits entered thereon to be paid to said persons for missionary purposes.
On this Ledger will also be found some general funds, which have been paid in for general missionary purposes undesignated as to whom they are to be paid. My Executors are to designate the Missionaries to whom these general funds are to be paid.
All other Funds on said Ledger, credited to certain Missionaries, are to be paid to them as credited.
Additional Trust Funds, which I have been administering, are the following: "CHURCH TENT FUND" consists of funds made up of donations and gifts, made wholly by myself for the purpose of providing a tent, or tents, and facilities for the doing of Christian Evangelistic work. I consider that the purposes of this Trust would be carried out if my Executors should, with the revenues in this Fund, buy a medium size tent for Christian Evangelistic use in and around Louisville, to be used especially for the establishment of new congregations of the New Testament type. In the event it should be the wish of the Highland Church of Christ in Louisville, Kentucky, I direct that said tent be under the management and trusteeship of the Highland Church of Christ of Louisville, Ky.
Any balance in said Fund, over and above that necessary to actually buy the tent and facilities connected therewith, should be used, and I direct to be used, in carrying on of Christian Evangelistic services, and the doing of Christian Evangelistic work.
I direct that if possible $150.00 of said fund be used for the holding of one protracted meeting under said tent in and around Louisville, Kentucky, if the Church accepts the management and trusteeship of the tent.
"CHURCH OR ESTATE FUND" consists of Funds, which came to me out of my parents estates, and this fund I denominated Church or Estate Fund, and have been using same for general Christian religious work.
I direct that my Executors use such of said fund as may be in existence at the time of my death for similar purposes.
"RELIGIOUS LITERATURE FUND" consists of funds, which have been given by friends and givers for publication of Christian religious literature.
I direct my Executors to use such of this fund as remains at the time of my death for such purposes.
"MISSIONARY TRACT FUND" consists of funds, which camp from the proceeds of sale of pamphlets, and I direct my Executors at my death to use such moneys as are in said fund for the purpose of continuing my free Christian tract work the way being left open for supplementary gifts from those willing-hearted.
"STENOGRAPHERS FUND" consists of funds which were given by various persons to maintain a stenographer in my office, and I direct my executors to use such moneys as remain in said fund at the time of my death for the purpose of providing themselves with stenographic work to be used in promoting Christian foreign missions.
Item Vii
In the event any person or persons should contest this my Will, or assist or lend aid and comfort to any one who might contest same, then and in that event, I direct that
such person, or persons, shall forfeit all interest which they may have in my estate by reason of any devise to them herein, or by reason of their being my heirs.
Item Viii
If any portion of this Will, or any devise herein should be considered as in any way invalid, then I devise that portion, which would have otherwise passed under said devise for Christian religious purposes to be used and expended by the Highland Church of Christ of Louisville, Kentucky, in any way it may see fit.
Item Ix
I hereby name, constitute and appoint Elmer Leon Jorgenson, and his wife. Irene Doty Jorgenson, and the survivor of them, as the Executor and/or Executrix of this my Will, and direct that they be permitted to qualify as such without the giving of any surety on their bond, and that they be recompensed from my estate for their services as such Executor and Executrix.
My said named Executor and Executrix have been for many years my true friends, whose love and friendship I highly value, and I have every confidence in their spirit and ability to carry out my wishes as expressed in this Will, and to administer the trust funds herein in harmony with my wishes and others, who have contributed to said trust funds.
Item X
I wish it to be known that I hold that the first thing in life is to honor God with conduct conformable to His holy and righteous will; that I believe the Bible to be the Book of God, containing His revealed will to man; that it is worthy of the highest esteem, of unfaltering belief, and unswerving obedience; that I believe in the general activity, growth and development of all Christians (not merely of the few who may be most willing or seem to have the greatest talent); and that I wish the Highland Church of Christ in particular and all of Christ's congregations in general to walk in scriptural unity and flourish under the blessings of our God.
I further express the desire that all who have respect for my wishes, both those at home and those farther away, be truly diligent in the service of the Lord God Almighty, for nothing else in the world is so profitable as that.
It is desirable to express appreciation of the love and friendship of all who have these qualities toward me, and to say that it has long been a practice to thank God daily for my friends and all their love, sympathy and helpfulness in every way. If a final word here could have weight with any soul anywhere, it is that all men everywhere hear the gospel and scripturally prepare to meet their Maker in peace.
IN TESTIMONY WHEREOF, Witness my signature to this my last Will and Testament, in the presence of the subscribing witnesses hereto, who have each signed same as Witness at my request, and in my presence of each other this 4th day of April 1942.
(signed) DON CARLOS JANES
WITNESSES Katherine Morris
Lucian L. Johnson
Henry M. Johnson