Newson v. Starke
Supreme Court of Georgia
Equity. Charitable bequest. Before Judge Robinson. Greene Superior Court. March Term, 1872. William B. Bowen, as assignee of Reuben Allison, Thomas M. Stark, administrator of John Allison, Jesse Allison and Martha Allison, executrix of David Allison, filed their bill containing suustantially the following allegations : That on April 29th, 1865, Gwyn Allison made his last will and testament and died soon thereafter, during the same year • that William L. Strain was qualified…
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Equity. Charitable bequest. Before Judge Robinson. Greene Superior Court. March Term, 1872. William B. Bowen, as assignee of Reuben Allison, Thomas M. Stark, administrator of John Allison, Jesse Allison and Martha Allison, executrix of David Allison, filed their bill containing suustantially the following allegations : That on April 29th, 1865, Gwyn Allison made his last will and testament and died soon thereafter, during the same year • that William L. Strain was qualified as executor of said will on the 4th day of September, 1865, and proceeded forthwith to execute the same; that the tenth…
1Opinion of the Court
McCay, Judge.
Were the law of Georgia on the subject of charitable bequests precisely as it was when the case of Beall vs. Drane, 25th Georgia, 430, was decided by a majority of this Court, we should feel greatly embarrassed by that decision. As we shall hereafter show, the principles of that decision would deny to Courts of chancery in this State any other jurisdiction over charitable bequests than they have over ordinary trusts. Indeed the decision in Maryland, (5th Harr. & John. B., 392,) which is the only case referred to fully sustaining the conclusion at which the majority of our Court…
2Cited by14 opinions
- Evans v. NewtonSupreme Court of the United States · 1966
- Jones v. HabershamSupreme Court of the United States · 1883
- Beckwith v. Rector, Wardens & Vestrymen of St. Philip's ParishSupreme Court of Georgia · 1882
- Moss v. YoungbloodSupreme Court of Georgia · 1938
- Perkins v. Citizens & Southern National BankSupreme Court of Georgia · 1940
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