Hurley

SHEPHERDSTOWN — Shepherdstown Attorney Frank Hill, representing the estate of local real estate developer and O’Hurley’s General Store owner Jay Hurley, approached the Corporation of Shepherdstown town council in Town Hall on Feb. 13.

Hill spoke with occasional comment from Hurley’s longtime friend and employee, Genevieve O’Loughlin, who is the personal representative and executive of the estate.

“Jay died on November 25. His Last Will and Testament was admitted to probate in Jefferson County on December 13. Subject to certain conditions which I will address, he provided by a specific devise two-and-a-half acres of property to give to the town, provided certain conditions. It’s for the express purpose of a public park to be named in memory of his father, M.G. Hurley,” Hill said, referring to former Shepherdstown resident Milburn Glenn Hurley.

“To formalize the acceptance of the gift, the town must within six months from when he died execute an appropriate ordinance to accept the property,” Hill said. “He authorized the town, within the will, to establish any rules or regulations within the property, as a park.”

Eleven people live in seven trailers on the property, according to records.

“Any tenants who are occupying the property are given permission to do so for a period of two years,” Hill said. “He thought that was appropriate to them, given the nature of the property there. During that time, they are obligated to continue to pay the rent as it is now to the then-owner. So, if you all acquired the property next month, you would be entitled to the income attributed to that from the date the town accepted the property.”

According to Hill, if the town accepts the land, it would be required to maintain it as a park for 30 years.

If it fails to do so or decides not to accept the land, it will be bequeathed to four people unconnected with the Corporation of Shepherdstown.

“If after 30 years the town should decide that the best use of the property is other than a public park, the town’s empowered to sell the property — all or such a portion of it as the town might decide is appropriate. The proceeds are then to be dedicated to be used as an endowment fund or otherwise for the care or enhancement or maintenance of other recreational facilities within the town, under the town’s jurisdiction and control,” Hill said. “If the income from such funds is in excess of the reasonable and appropriate requirements to maintain other parks in the community, then the principal can be set aside and excess funds can be expended as the town may decide.”

Hill noted that 95 percent of the land is already within the Corporation of Shepherdstown limits, so only five percent of it would need to be annexed if the land was accepted by the town.

“Jay was a forward-looking individual. He undertook this to do this for the benefit of the community,” Hill said.

According to Hill, Hurley was very careful to make sure his general store would live on for many years to come.

“He [made] many arrangements to do all that he could to preserve his business, O’Hurley’s General Store, by bequeathing it to his employees,” Hill said. “It was a well-thought-out plan, and the mayor’s involvement with Jay was instrumental in bringing this about.”

After some discussion, the town council decided to hold a special meeting at a later date, regarding Hurley’s devise.

“This is a big undertaking. I want us to have some time to think about it,” said Mayor Jim Auxer. “We’ll have a special meeting, during which we will set a date by which we will decide whether or not to accept this land.”