Eaton v. Woman's Home Missionary Society
Illinois Supreme Court
Appeal from the Circuit Court of Ogle county; the Hon. Oscar E. Heard, Judge, presiding. Martha E. Peek died in June, 1912, leaving a will, which was admitted to probate. Her heirs filed a bill to have the fourth paragraph of the will declared void. The court dismissed the bill for want of equity, and the complainants appealed.
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Appeal from the Circuit Court of Ogle county; the Hon. Oscar E. Heard, Judge, presiding. Martha E. Peek died in June, 1912, leaving a will, which was admitted to probate. Her heirs filed a bill to have the fourth paragraph of the will declared void. The court dismissed the bill for want of equity, and the complainants appealed. The following is the fourth paragraph of the will: “Fourth—I give and devise to the Woman’s Home Missionary Society of the Methodist Episcopal Church, a corporation under the laws of the State of Ohio, the following described real estate, to-wit: The south-east quarter…
1Opinion of the CourtJustice Dunn
The claim of the appellants is that the Woman’s Home Missionary Society of the Methodist Episcopal Church has no power, under its charter or the laws of Ohio, to operate and maintain a home for orphan children or to hold land for any purpose, and that under the laws of Illinois it has no power to operate and maintain a home for orphans or to hold land. The society is conceded to have been lawfully organized with the powers named in its articles of incorporation and authorized by the laws of Ohio. The purposes mentioned in the articles of association are such as natural persons may lawfully…
2Cases cited4 opinions
- Stevens v. PrattIllinois Supreme Court · 1881
- Santa Clara Female Academy v. SullivanIllinois Supreme Court · 1886
- City of Chicago v. University of ChicagoIllinois Supreme Court · 1907
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- First Nat. Bank of Chicago v. ElliottIllinois Supreme Court · 1950
- Charles Friend & Co. v. Goldsmith & Seidel Co.Illinois Supreme Court · 1923
- Peek v. Woman's Home Missionary SocietyIllinois Supreme Court · 1922
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