VIRGINL JESSICA CAMPBELL, Plaintiff, v SWEET BRIAR COLLEGE and JAMES F. JONES, JR., INTERIM PRESIDENT OF SWEET BRIAR COLLEGE, Defendants. IN THE CIRCUIT COURT OF AMHERST COUNTY Case No. CL15009374-00 MOTION FOR PRELIMINARY INJUNCTION ENFORCING TRUST DOCUMENTS FOR 2015-16 ACADEMIC YEAR, AND FOR WAIVER OF INJUNCTION BOND Filed on behalf of the Plaintiff, Jessica Campbell Counsel for this party: Elliott J. Schuchardt VA Bar if 86721 SCHUCHARDT LAW FIRM 541 Redbud Street Winchester, VA 22603 Phone: (412) 414-5138 E-mail: elliott016@gmail.comVIRGINIA: IN THE CIRCUIT COURT OF AMHERST COUNTY JESSICA CAMPBELL, Plaintiff, Case No. CL15009374-00 v. SWEET BRIAR COLLEGE and JAMES F. JONES, JR., INTERIM PRESIDENT OF SWEET BRIAR COLLEGE, Defendants, MOTION FOR PRELIMINARY INJUNCTION ENFORCING ‘TRUST DOCUMENTS FOR 2015-16 ACADEMIC YEAR, AND FOR WAIVER OF INJUNCTION BOND The Plaintiff, Jessica Campbell, by and through counsel, files this motion for (i) a preliminary injunction requiring the Defendants to continue operating Sweet Briar College uring the 2015-16 academic year, and (ii) for an order waiving the requirement for an injunction bond. In support hereof, the Plaintiff states as follows: Background 1. This case concems Defendant James Jones’ proposed plan to close Sweet Briar College (“Sweet Briar”). 2. Sweet Briar is a women's liberal arts college located in Sweet Briar, Virginia, about 12 miles north of Lynchburg, Virginia. 3. The college’s campus is located on 3,250 acres in the foothills of the Blue Ridge Mountains, on the former estate of the college's founder, Indiana Fletcher Williams (“Williams”), 4. Over the last century, the college has grown to a sizable campus. Twenty-one of the thirty buildings on campus are listed on the National Register of Historic Places.5. Today, Sweet Briar has nearly 700 students. The college is accredited to award degrees in the Bachelor of Arts, Bachelor of Fine Arts, Bachelor of Science, Master of Arts in ‘Teaching, and Master of Education. Defendants have sufficient funds to finance a restructuring of the college 6. On March 3, 2015, Sweet Briar’s interim President, James F. Jones, Jr. (“Jones”), announced that Sweet Briar would close at the end of the summer session, citing “insurmountable financial challenges". 7. Defendant Jones’ claim of “insurmountable financial challenges” does not stand up under scrutiny. 8. According to Sweet Briar’s financial statements, Sweet Briar has sufficient funds to continue operation of the college while this case is being litigated, and while the college is being restructured to comply with the state’s cy pres doctrine. The Plaintiff has recently learned the following information: a) For six of the past seven years, Sweet Briar’s operating expenses have exceeded operating revenues, b) At this time, Sweet Briar continues to have an endowment of $84 million. This is equal to $129,000 per student, which is far higher than the endowment for many other stronger universities: College Endowment/Student Springfield College $14,154 Northeaster $22,492 Drexel University $23,788 Villanova $35,475 Boston University $37,402 c) For the fiscal year ending June 30, 2014, Sweet Briar increased its assets from $160.6 million to $163.9 million, a gain of $3.3 million. ‘This includes land, buildings, investments, everything. 4) Forthat same fiscal year (2014), Sweet Briar’s liabilities decreased from $30.7 million to $29.5 million, a reduction of $1.2 million.©) Over the longer term, Sweet Briar’s books and records look equally healthy. Between June 30, 2009 and June 30, 2014, the college's assets fell from $172 million to $163.9 million, a drop of $8.1 million. However, the school’s liabilities fell at an even faster rate — from $50.5 million in 2009 to $29.5 million now. ‘This is a drop of $21 million, meaning that the college’s financial position improved by $12.9 million during this five year period, 1) During this five year period, the college’s endowment increased from $74.3 million to $84 million today, an increase of nearly ten million dollars. 2) Sweet Briar has sufficient funds to pay for a restructuring, as required by the cy pres doctrine. $25 million of the endowment is presently unrestricted. This is sufficient funds to pay for the college’s operating loss, while the college either finds a new model for women’s education or as a co-ed college. h) Any operating loss would be further offset by increased donations from alumnae. In the last month, the alumnae have pledged over $3 million towards the continued operation of the college. 9. Defendants Jones and Sweet Briar are not acting in good faith. On March 30, 2015, the faculty’s attomey, Thomas Lauria, offered to help Sweet Briar restructure its debt on a pro bono basis. Attorney Lauria is well-qualified to do so. He is the global head of restructuring at the international law firm of White & Case. During the course of his thirty year career, Lauria has helped restructure over $100 billion of debt. Defendants Jones and Sweet Briar have refused attomey Lauria’s generous offer, showing that they have no intent to comply with the applicable trust documents or the cy pres doctrine, set forth in Va. Code Ann. § 64.2-731. Relief Requested 10. The Plaintiff, Jessica Campbell (“Campbell”), is a 2007 graduate from Sweet Briar, having received a Bachelor of Science Degree in Mathematical Physics. 11. Campbell respectfully requests that the Court grant a preliminary injunction requiring the Defendants to operate Sweet Briar as a women’s college during the 2015-16 academic year, as required by the applicable trust documents, This one-year period will give theparties time to complete this litigation, and will give the college time to study alternatives that comply with the cy pres doctrine. These alternatives include either better marketing for the college, or a conversion to a co-educational school. 12. In Virginia, the beneficiary of a trust can maintain a suit to compel the trustee to perform his duties as a trustee, It is immaterial that there is an adequate remedy at law. The intent of the trust can be specifically enforced. Makel v. Tredegar Trust Co., 69 Va. Cir. 204, 206, 2005 Va, Cir. LEXIS 153, 5 & n.10 (Va. Cir. Ct, 2005) (citing Ivey v. Lewis, 133 Va, 122, 136, 112 S.E. 712, 1922 Va. LEXIS 88 (Va, 1922); Broaddus v, Gresham, 181 Va. 725, 733, 26 S..2d 33, 1943 Va. LEXIS 221 (Va. 1943); Restatement (Second) of Trusts § 199; Restatement (Second) of Trusts § 199(a) (1992) (comment)) 13. This Court has the authority to grant an affirmative injunction, enforcing the trust, documents, Va. Code Ann. § 8.01-620 (2015). 14, To secure a preliminary injunction, a party must show irreparable harm. Wright v. Castles, 232 Va, 218, 349 S.E.2d 125 (1986). 15. Although the Virginia Supreme Court has not established standards for granting or denying a preliminary injunction, other Virginia state courts have adopted the standard used by the United States Court of Appeals for the Fourth Circuit, Under this standard, the Court must consider the following four factors in a balancing test: (1) the likelihood of irreparable harm to the plaintiff if the injunction is deni (2) the likelihood of irreparable harm to the defendant if the injunction is granted; (3) the likelihood that the plaintiff will succeed on the merits; and (4) the public interest,Hotjobs.com, Ltd. v. Digital City, Inc., 53 Va. Cir. 36, 39, 2000 Va. Cir. LEXIS 191, 6-7 (Va. Cir. Ct. 2000); Rum Creek Coal Sales, Inc, v. Caperton, 926 F.2d 353 (4th Cir, 1991) Plaintiff Campbell satisfies this test. ‘The Plaintiff faces imminent and irreparable harm if an injunction is not granted. 16, The Plaintiff will suffer imminent and irreparable harm if an injunction is denied. 17. Defendant Jones is attempting to destroy an institution that took over a century to build. If Jones succeeds in destroying Sweet Briar as an active college, Jones will have irreparably harmed the reputational value of Campbell's college degree, a bachelor of science degree in mathematical physics. Jones will also have made it forever impossible for Campbell to attend alumnae reunion events on a functioning college campus at Sweet Briar, and will have prevented Campbell from providing her assistance to future students and graduates of Sweet Briar. There is no monetary remedy Campbell’s injuries, or those of the college’s 20,000 other alumnae, soon to be represented in the Court.! ‘The likelihood of irreparable harm is certain if an injunction is not granted. 18. The likelihood of this harm is certain to occur, if the Court does not grant a preliminary injunction, The students of Sweet Briar need immediate assurance that the college will continue holding classes during the fall of 2015. Two weeks ago, Defendant Jones held a college fair on Sweet Briar’s campus. Sweet Briar’s students are already applying for alternative colleges for full classes. ‘These institutions have already started providing decisions to the Sweet ' In any event, according to Vit law, the beneficiary of a trust does not need to show an inadequate remedy at law to obtain specific performance of the trust. Makel v. Tredegar Trust Co., 69 Va. Cir. 204, 206, 2005 Va, Cir. LEXIS 153, 5 & n.10 (Va. Cir, Ct. 2005) (citing Ivey v. Lewis, 133 Va. 122, 136, 112 SE. 712, 1922 Va. LEXIS 88 (Va. 1922); Broaddus v, Gresham, 181 Va. 725, 733, 26 S.E.2d 33, 1943 Va. LEXIS 221 (Va. 1943); Restatement (Second) of Trusts § 199; Restatement (Second) of Trusts § 199(a) (1992) (comment)).Briar students. If the Court does grant an immediate injunction, then Sweet Briar’s existing student body will begin accepting at other colleges in the next few days. 19. It is already rumored that Defendant Jones has entered into an agreement to give away Sweet Briar’s prestigious study abroad program for no consideration, and that he is actively destroying documents on campus. It is feared that these documents include applications for incoming students for the fall 2015 semester. 20. Defendant Jones has also advised the members of the faculty that their services will not be required after the summer semester. In some instances, the faculty have been terminated as of May 30, 2015. 21, If Defendant Jones succeeds in shutting down operations, it will be difficult or impossible to restart those operations. After the death of Sweet Briar’s founder, Indiana Fletcher Williams, in 1900, it took six years before the college started operations in 1906. A gap in operations at this time would likely cause a similar delay in fulfilling the intent of the founders. 22. Thus, if a preliminary injunction is not granted, it is highly likely that Plaintiff Campbell will be forever denied relief. ‘The Plaintiff will succeed on the merits because the Defendants have violated the cy pres doctrine, 23. Itis also likely that Campbell will succeed on the merits in this case. 24. Virginia, as in most states, follows the legal doctrine of “cy prés” whenever there is a proposed change to a charitable trust, as in this case. 25. According to the cy pres doctrine, whenever the original objective of the creator of a trust becomes “impossible, impracticable, or illegal to perform,” a court must amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor to prevent the trust from failing. Campbell v. Board of Trustees, 220 Va. 516, 524, 260 S.E.2d 204, 209, 1979 Va. LEXIS 291, 17 (Va. 1979).26. In Virginia, the cy pres doctrine has been codified by statute. That statute states as follows: ‘A. Except as otherwise provided in subsection B, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: 1. The trust does not fail, in whole or in part; 2. The trust property does not revert to the settlor or the settlor's successors in interest; and 3. The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes. Va, Code Ann. § 64.2-731 (2015), 27. Defendants Jones and Sweet Briar have not complied with the above statute in their efforts to close Sweet Briar. Upon her death in 1900, Indiana Fletcher Williams bequeathed her land and funds to the formation of the Sweet Briar Institute. Her will specifically states that: ‘No_part of the said Sweet Briar Plantation and the two tracts of land adjoining ... shall at any time be sold or alienated by the corporation, but it shall have the power to lease or hire out such portions thereof as may not be directly needed for the occupation of the school and its surrounding grounds. (A copy of the will is attached as Exhibit A.) In other words, Ms. Williams” land ~ and the now beautiful campus on such land -- were fundamental to her intention of providing an education for young women, 28, Defendants Jones and Sweet Briar have violated the cy pres doctrine in the following particulars: a) by By failing to utilitize the land of Indiana Fletcher Williams for purposes of women’s education; By failing to advise Sweet Briar alumnae of the college’s intent to close, and to seek funds from alumnae to close the funding gap; By failing to hire a Dean of Admissions for the school since 2012;29. this matter. 30. asa college. 31. 4) h) i) LS) ) m) By failing to take advantage of significant overseas demand for American education by marketing the school in Asia as an all-women’s college (as Bamard has done); By failing to hire a Director of Alumnae for several years, or to actively maintain the college’s alumnae program; By entering into fiscally imprudent contracts in excess of fair market value; By mis-stating the financial distress of the college in their efforts to close the college; By refusing to consider the donated services of national experts to restructure the college’s debt and expenditures; By refusing to consider the possibility of a chapter 11 bankruptcy case to eliminate all or a portion of the college’s debt; By failing to consider the possibility of converting to a co-educational ‘campus; By failing to fully explore the possibility of offering joint classes with other colleges; By refusing the offer of another local schoo! to jointly offer online course offerings; By failing to explore the possibility of raising additional revenue by farming a portion of the college’s land. Plaintiff Campbell is fully prepared to prove the foregoing allegations at a trial in ‘The public interest strongly favors the continued operation of Sweet Briar. Finally, the public interest strongly favors the continued operation of Sweet Briar ‘Sweet Briar College is a major employer in the Amherst County area. If Jones succeeds in shutting down the college, then he will eliminate a major source of economic development for the region, as well as at least two hundred jobs.32. Sweet Briar’s students will also be negatively affected by Defendant Jones plan to close. Many students will lose academic credits as a result of a transfer. As a result, these students may lose one or more years of college work, and may never be able to graduate from college as a result 33. On March 30, 2015, the Commonwealth of Virginia filed its own lawsuit against Jones, secking his removal from the college’s operations, Such lawsuit recognizes the vital importance of Sweet Briar to the Amherst County region. Requested Waiver of Injunction Bond 34. Under Virginia law, this Court has the authority to waive the requirement of an injunction bond. Va. Code Ann. § 8.01-631 (2015). 35. The Plaintiff respectfully requests the Court waive the requirement of the bond. 36. All of the property and assets subject to the proposed injunction will continue to be in the possession and control of the Defendants, and will still be used for the ongoing operation of Sweet Briar. 37. Sweet Briar’s financial condition for the next year will largely depend upon the results from the college’s investments. If such investments do well, as they have for the last couple of years, it is possible that Sweet Briar’s assets will grow during the upcoming academic year. If Sweet Briar loses money during this time, the Plaintiff submits that it would be appropriate for the Defendants to bear such loss, as they have not yet obtained permission from cither a court or the state’s attomey general to deviate from the trust documents. 38, The Plaintiff therefore respectfully requests that the Court waive the requirement of an injunction bond in this case. WHEREFORE, for the reasons set forth above, the Plaintiff respectfully requests that this Honorable Court (a) grant a preliminary injunction requiring the Defendants to continueoperating the college during the 2015-16 academic year, as required by the trust documents, and Gi) for an order waiving the requirement for an injunction bond. 10 Respectfully submitted, Elliott J. Schuchardt VA Bar # 86721 SCHUCHARDT LAW FIRM. 541 Redbud Street Winchester, VA 22603 Phone: (412) 414-5138 E-mail: elliott016@gmail.com Counsel for the PlaintiffCERTIFICATE OF SERVICE 1, Elliott Schuchard, hereby certify that I served a true and correct copy of the foregoing motion on the following persons on this 6th day of April 2015 by first class mail, postage prepaid and by e-mail: Calvin W. Fowler, Jr. Esq. Williams Mullen Clark Dobbins 200 S. 10th Street Richmond, VA 23219 Counsel to Sweet Briar Institute & James F. Jones, Jr. ‘Thomas E. Lauria, Esq. White & Case LLP 1155 Avenue of the Americas New York, New York 10036-2787 Counsel to Faculty William H. Hurd, Esq. Troutman Sanders ‘Troutman Sanders Building 1001 Haxall Point Richmond, VA 23219 Counsel to Saving Sweet Briar, Inc. Ellen Bowyer, Esq. Amherst County Attorney 153 Washington Street P.O. Box 390 Amberst, VA 24521 Lh Maidt Elliott J. SchuchardtMEMORIAL qa \Seraurs. § YS WILL OF INDIANA FLETCHER WILLIAMS. J, INDIANA FLETCHER WILLIAMS, of the County of Amhorat and State of Virginia, hereby make, publish and declare the following to be my lust will and testament ; hereby revoking all others heretofore made by me. . Finer. I give to my friend, Stephon R. Harding, residing in Amherst County, Virginia, the sum of five thousand dollars. Sxconp. T give to the Protestent Episcopal Chnreh, known as the Ascension Church, at Ambit, Virginia, the sum of two thonsmd dollars. ‘Tum. I give to Emma MeCall, residing at New York City Stato of Now York, my large bronze group, with table, and my painting of the Bay of Naples. Fotrrss. I give to Helena Mallory Moellersch, of Ashtead, Smmrey, England, the sum of two thonsand dollars, and the watch of Daisy Williams. Frrva. I give to Harriet E, Leeds, now residing in New York City, New York, my painting of the head of Christ and my pearl carved ivory inlaid Japanese eabinct. Sueru. I give to Charles N, McCall, residing in the City of New York, all of my stock in the Consolidated Gas Company, of the City of New York, Sinte of New York. SeventH. I give to my sister-indaw, Mre, Emma McCall, residing in the City of New York, New York, all of my property whatsoever located in the State of West Virginia—to her and her heirs forever. Hieurs, I give to my cousin, Mary Lee Page, vesiding in the City of Ridhmond, Virginia, my plantation named “Mount St. Angelo,” which consists of one thousand and fifty acres, and adjoins “ Sweet Briar Plantation,” situated about three miles south of Amherst Village, Amberst County, Virginin—to have and to — EXHIBIT2 hold for and daring her lifetime; and upon her death the said plantation shall fall into and become a part of my residuary estate, and I hereby give and devise the same as expressed in the follow- ing ‘Thirteenth ” clause of this my will, upon the same trusts, for the same tises and subject to the same prohibition against the sale or alicnation thereof as are therein declared with reference to my Sweet Briar Plantation. n, I give to Daisy Mary W. M, Marin Harding, resi County, Virginia, my place ealled the Tanyard, sitnated at.Amhorst, Virginia, to her and her heirs forever. Tenta, I give to Elizabeth Payne, of Amherst, Virginia, the sim of two thousand dollars. : Etgvaynn. I give to Lindsey ‘Tinsley (oolored) one hundred and fifty dollars, ‘TwenrEH. £ give to Robert Rucker (colored) one hundred and fifty dollms. Turersesrn, I give and devise all my plantation and tract of Iand known as Sweet Briar Plantation, situated in said Amherst County, Virginia, between the road lending from Amherst to Lyvchbarg and the road from Amherst to MeLvors railrond station, together with everything on said plantation (except certain articles in my house already given), also all my land known as The Smoky Hollow Place” and the adjoining lands on PauPs mountain, in said Amherst County, also my place known as the Halliday tract, containing about five hundred and eleven sores, situated in said Amberst County, also the two tracts of Jand devised to me by the will of my Jote brother, Sidney Fletcher, adjoining Sweet Briar Plantation, md now rented and occupied for the year 1899, by C, B, Carter and C. Dawson, also the twelve tracts of land Iocated in Pedlay Diateiet, Amberst County, Vir- ginia, devised to me hy the will of my late brother, Sidney Tetcher, also my Jot on Main Streot in Lynchburg, Virginia, adjoining the Presbyterian Chureh, also my Tot in Lynchburg on Diamond Hill, between Court and Clay Streets, containing two and a half acres, also all of my other real estate situated in the city ofLynchburg, Virginia, devised lo me by the will of my lute brother, Sidney Fletcher, and also the rest and remainder of all my real and personal property (except that heretofore mentioned in this will), whatsoever and wheresvever it may be sitmted, unto the Right Reverend A. M. Randolph (sho is the Bishop of the Sonth- em Diocese of Virginia), the Reverend J. M. Carson, af! Dy burg, Virginia, Stephen 2, Harding, of Amber: ginia, and the Reverend Avthnr P. Gray, of Ambers! and the survivors ov survivor of them, as ‘Trustees upon the trnst and with the powors and duties hereinafter specified, that is to 1, I direct the said trnstees forthwith after my dece enre the incorporation in the State of Virginia, of « corporation to be called the “Sweet Briar Institute,” such corporation to be created by due process of law, either under the general Jaws relat ing to the formation of corporations or by « special charter to be obtained from the Legislntnre of the State of Virginia. ‘The said corporation shall be formed for the object «ind with the power of establishing aud maintaining within the State of ‘Virginia, a school or seminary for the education of white girls and young women, and shall be clothed with capacity to take by deed or will, by gift or purchase, and to hold real estate and per- sonal property. Its affairs shall be managed by a board of seven (7) directors, who shall have the power to fll vacancies in their number, and the first board of divectors shall be named and ap- pointed by the trustees hereinabove named. to pros 2, Immediately upon the formation and organization of such corporation, the said trustees shall grant and convey, and I hereby * give and devise, the said real estate and personal property Inst above deseribed to the said corporation, to have and to hold the same unto it, and its successors forever, upon the conditions and for the pur- poses hereinafter declared, which it shall accept and namely : ‘The said corporation shall with suitable dispatch lish and shall maintain and carry on upon the said pla suhoul or seminary, to be known as the Sweet Briar I for the education of white girls and young women, It the general scope and object of the achool to impart to its atudents4 such education in sound Tenrning, and such physical, moral and religions training ns shall in the jndgment of the directors best fit them to be usefull members of society. No part of the said Sweet Briar Plantation and the two tracts of Jand adjoining, now rented and occupied by C, E. Carter and C, Dayson for the year 1399, as above mentioned, shall at any time be sold or alienated by the enrporation, but it shall have the power to lense or hive out stich portions thereof as may not be directly needed for the ocen- pation of the school and its smonnding grounds. ‘The personal property herein given shall be kept inviolate as an endowment fund, which shall be invested and re-invested by the corporation, and of which the income only shall be used for the support and maintenance of the school, bnt the corporation shall have the power o expend a part of the prineipal in erecting snd equipping ch buildings and making such improvements npon the said plantation as the diveetors may deem expedient and proper for the use of the school, T desire that the soliool shall be made self= supporting, 50 far as practieable, hnt it is my hope that the board of directors may be able from the to ust ome placed at their dixposal, tablish free scholarships, affording tnition and maintenance for a limited number of deserving students, which scholarships hall be awarded under snch rales and regulations as the board \y preseribe, ‘The foregoing devise and beyuests are made upon the condition that the stid corporation shall keep in repair and in good order the cemetery on Monnment Hill forever, ‘This heynest, devise ond formdation are made in fulfillment of own desire, and of the especial request of my late husband, James Henry Williams, solemnly conveyed to me by his lust will and testament, for the establishment of a perpetnal memorial of our deceased daughter, Daisy Williams, my Forrtrasru, | appoint my friend, Stephen R. Harding, of Amherst County, Virginia, the exeentor of this, my Inst will and testament, and desire that he shall not be required to give any bond or other xeenrity for the frithfnl performanee of his duty such executor.4 Tx werxeas wat this third day of April, and ninety-nine. (Signed) INDIANA FLETCHER WILLIAMS. [s or, Lhaye hereunto set my hand and sex) nthe year one thousand, eight hundred Signed, sealed, published und declared by the said testutrix, Indiana Fletcher Williams, to be her Inst will and testament, in the presence of us and ench of us, who, at her request, in her presence, and in the presence of each other, lve hereunto snb- seribed our names as witnesses this third day of April, 1899. Ercrxy Ssuvn, 3 Hast th St, New York City, N.Y. Vinoixra—At n Connty Court, continued by adjournment, and held for the Connty of Amhorst, at the Court House thereof, on Friday, the 23rd day of November, 1900. ‘Lhe last will and testament of Indiana Fletcher Williams, de- ceased, bearing date on the 8rd day of April, 1899, and contained on eight pages of paper, was this day prodneed in Conrt by Stephen R. Hiwing, the excontor therein named, und offered for probate, and being proved by the oath of Leonard B. Smith, one of the snbscrihing witnesses thereto, who also proved the due attestation according to law of said will by Engene Sinith, another subseribing witness thereto, the same is admitted to probate and ordered to be reoorded as the true Inst will and testament of said Indiana Pletcher Williams, dleeensed. And on the motion of Stephen R. Harding, who is appointed by said will of Indiana Fletcher Williams, deceased, ns executot thereof, and who made oath as required by law, and entered into and acknowledged a bond in the penalty of eight hundred thou- sand ($00,000) dollars, conditioned according to law, without seeurity—security being waived by the provisions of said will—6 certificate is geanted him for obtaining a probate of said will in ane form. And it is ordered that said bond be recorded. And on the motion of the said executor the Court doth appoint George W. Dearborn, John J. Ambler, Sr., Beverley R. Harrison, F. F. ‘Voorheis and Seldon Harrison, and Camillus C, Christian, Stephen Adams and J., Bowman, any three of whom may act, appraisers of the persoual estate of said Indiana Fletcher Williams, deceased. ‘Teste: W. E. Sanprpex, Clerk. A copy—Teste: W. F. Sasprpas, Clerk.IN THE CIRCUIT COURT OF AMHERST COUNTY JESSICA CAMPBELL, Plaintiff, Case No. CL15009374-00 Vv. SWEET BRIAR COLLEGE and JAMES F. JONES, JR., INTERIM PRESIDENT OF SWEET BRIAR COLLEGE, Defendants. ORDER This matter came before the Court on the motion of the Plaintiff, Jessica Campbell for (i) a preliminary injunction requiring the Defendants to continue operating Sweet Briar College during the 2015-16 academic year, and (ii) for an order waiving the requirement for an injunction bond, After having considered such motion, and any opposition thereto, it is hereby ORDERED as follows: 1) The Defendants are directed to continue business and academic operations at Sweet Briar College for the 2015-16 academic year, in accordance with the applicable trust documents, pending further order of Court. 2) The Court finds that the public interest warrants waiver of the injunction bond. The Plaintif’s motion for a waiver of the bond is granted. BY THE COURT: Amherst County Cireuit Judge