Gearhart v. Richardson

The first question requiring consideration is whether or not the Court of Appeals had jurisdiction to entertain this case upon appeal.

The answer to this question depends upon whether or not the action is “a chancery case.” We have no hesitancy in saying that an action wherein the termination of a charitable trust is sought, and an accounting for the proceeds thereof by the trustees prayed for, is equitable in character-and is a chancery case.

It has long been recognized that the jurisdiction of courts of chancery over charitable trusts has been exercised without question, and that early in…