Army scenes on the Chickahominy

Army scenes on the Chickahominy
Harper''s pictorial history of the Civil War. (Chicago : Star Publishing Co. 1866)

Tuesday, February 28, 2023

The Lee Will Dispute and White House - 1926

 Some background on the ownership history of the White House estate.


SUIT OVER LEE WILL IS DECIDED

Litigation Split One of First Families in Virginia and Involved Famous Estates.  

 The contest over the will of Gen. W. H. Fitshugh (“Rooney”) of which split one of the first families in Virginia and involved some the most famous estates in the Old Dominion, has been decided to favor of the “outsider," as she was termed, a Mrs. Mary Middleton Lee, the widow of Colonel Robert E. Lee Jr., of the historic Middleton family, of South Carolina- now living in Washington, has won her suit against her brother-in-law, Dr. Geo. Bolling Lee, of New York City, and Newport, R.I., whereby she gets a life interest in half of the Lee estate, valued at $1,500,000 and including business property in the heart of Richmond, leased to Thalhimer Bros., Inc., at $40,000 a year for 50 years.

 The decision Was announced May 18th by Judge Samuel Brent, of the circuit court of Fairfax, county, at Alexandria. Dr. Lee will carry the case to the Virginia Court of Appeals.  

 The suit was over the interpretation of a peculiar clause in the Will of General W. H. F. Lee, son of the Confederate general and father of Colonel Robert E. Lee, Jr., and Dr. George Bolling Lee. The Broad Street property in Richmond, inherited from this first wife, Miss Wickham, the Lee ancestral estate, “Ravensworth,” in Fairfax county; the "White House” estate, where George Washington married Mary Custis and all other property were willed by the general to his second wife, Mary Tabb Lee, for use during her life, at her death to be divided between, her two sons, George Bolling and “Bob” Lee, provided they or their children were alive at her death.

 “But,” continued the will, “should either of my sons die without making a will concerning this property, the same shall descend to the survivor.”

 This is the clause that caused the controversy. General “Bob” Lee died in 1922, two years before his mother, but leaving a will giving his widow a life interest in his half of the estate, it reverting to his brother at her death. Dr. George Bolling Lee, who brought suit against his sister-n-law shortly after his mother’s death in 1924, claimed that “Bob” could not get title to his half of the estate until he outlived his ‘mother, but, as he died first, he had nothing to leave his widow.

 Mrs. Lee contended that, by a proper interpretation of the disputed clause in the will off her father-in-law, her husband gained title to his interest by the act of making a will. Citations from many famous Virginia will cases were brought into court in defense of this position.

 Mary Middleton Lee was never well received by the family into which she married; at the time of her marriage to Col. Robert E. Lee, Jr. his mother, Mary Talbot Lee, announced that she would never let an “outsider” preside over a Lee estate, and forbade the young people the use of “Ravensworth.” In the two years of her widowhood before the death of Mary Tabb Lee, she signed deeds and papers jointly with her mother-in-law and brother-in-law. This fact was relied upon during the trial as an acknowledgement of the Lees that she had a right to the property.

 Immediately after the death of his mother, however, Dr. George Bolling Lee brought suit against his brother’s widow, claiming that she was an intruder and without equity in the estate. He secured injunctions keeping her from securing a share in the $40,000 Richmond lease or from entering “Ravensworth” or other parts 6f the estate.

 The decision of Judge Brent, which will be appealed, gives Mrs. Lee half of the entire W. H. F. Lee estate, a partition to be made later. This property cannot be sold, but can be leased or used in any way by her until her death, when, under the terms of her husband’s will, it all goes to George Bolling Lee.


-Virginia Star(Culpeper),  3 June 1926




Settlement of Litigation Over Estate of General W. H. F. Lee.

 R. M. Lynn, Virginia correspondent at Washington, wrote Thursday: Settlement of the litigation over ;the estate of the late General W. H. F. “Rooney” Lee outside of court has been effected, it was learned today, and deeds necessary to carry out the terms of the agreement have been prepared. A formal decree is in the hands of Judge Samuel G. Brent, of the circuit court of Fairfax county, embodying the settlement. This is expected to be entered at any time.

 Mrs. Mary M. Lee, widow of Colonel Robert E. Lee, Jr., conveys her interest in the home place, “Ravensworth,” Fairfax county; in the other historic place, “White House,” New Kent county; and in the family heirlooms. Dr. Bolling Lee in consideration of these conveyances, paid over to Mrs. Lee, his brother’s widow, the sum of $30,000.

 Mrs. Lee retains her interest in the valuable real' estate in Richmond, known as the Thalhimer property, situated at Sixth and Broad streets.

 The Lee heirlooms and the Lee country estates in Fairfax and New Kent are now the exclusive properties of Dr. Bolling Lee, “Ravensworth” has been in the family since the original grant to William Fitzhugh by Lord Culpeper in 1688. The estate known as “White House” in New Kent was owned by the widow Custis who married George Washington, and it was here that the wedding supper took place in celebration of that marriage.

 Litigation commenced in 1924, upon the death of Mrs. Mary Tabb Lee, widow of General Rooney Lee, who died in 1891.

 The mansion at “Ravensworth,” built a century and a half ago, burned at night several months ago, together with some of the furniture and furnishings. Insurance of $40,000 on house and contents covered the losses in part. Mrs. Mary M. Lee lives at her home at 1733 Riggs place, Washington, which her husband left her. She has the “Mount Vernon” silver and the “Lee” silver so long as she lives, and at her death it becomes the property of Dr. Bolling Lee, under the terms of her husband’s will.


-Rockbridge County News,  4 November 1926


General W. H. F. “Rooney” Lee inherited the White House property in 1858 at the death of his grand-father George Washington Parke Custis. After the war Rooney Lee live and farmed at the White House until inheriting Ravensworth in 1873. 

Interestingly the mansion at Ravensworth burned  a few months before this article. Chestnut Grove in New Kent, the birthplace of Martha Washington, the great-grandmother of Rooney Lee,  burned to the ground the day before the above article was published.

Dr. Bolling Lee stayed involved New Kent cultural affairs throughout his life including presiding over the dedication of the Confederate Monument on the old New Kent Courthouse lawn.



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