First Baptist Church v. Robberson
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. "W. F. Geiger, Judge. The plaintiff filed a petition in the circuit court of Greene county which was substantially as follows : That plaintiff is a corporation duly incorporated and organized under the general laws of the State of Missouri; that on the 26th day of October, 1870, Harriet Bailey made and published her last will, as follows : * * Second.
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Appeal from Greene Circuit Court. — Hon. "W. F. Geiger, Judge. The plaintiff filed a petition in the circuit court of Greene county which was substantially as follows : That plaintiff is a corporation duly incorporated and organized under the general laws of the State of Missouri; that on the 26th day of October, 1870, Harriet Bailey made and published her last will, as follows : * * Second. I hereby bequeath the sum of $5,000 to be expended in the erection of a church edifice in the city of Springfield, to be used and enjoyed by the Baptist society forever as a church. It is my will that…
1Opinion
*331 On Rehearing.
I
Sherwood, C. J.
i. validity op deVISES AND BEquests to churchtdtion op 1865. Upon more mature reflection, I am satisfied that the view expressed by us in a former opinion, that the bequest in Harriet Bailey’s will, 1 whereby she bequeathed $5,000 to be used in erecting a church edifice on an acre of ground also devised by the will to the Baptist church or society in the city of Springfield, was a valid bequest, was an erroneous, though plausible, view of the subject.
The 13th clause of the 1st article of the constitution of 1865 prohibits, in express terms, every gift, sale or…
2Cases cited15 opinions
- Bailey v. . BriggsNew York Court of Appeals · 1874
- Bredell v. CollierSupreme Court of Missouri · 1867
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Stevens v. WarrenMassachusetts Supreme Judicial Court · 1869
- Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Howe v. WilsonSupreme Court of Missouri · 1886
- Richardson v. PalmerMissouri Court of Appeals · 1887
- Pratt v. Security Trust & Savings BankCalifornia Court of Appeal · 1936
- Jones v. PattersonSupreme Court of Missouri · 1917
26 more not listed; retrieve them via the Exa API.