Legal Opinion

McAllister v. McAllister's Heirs

Supreme Court of Vermont

Decided October 15, 1873PublishedCited by 4 opinions

Appeal from the court of chancery. The case was heard on bill, answer, traverse, and proofs, at an adjourned term of the court of chancery, held on the 7th of December, 1872, Franklin county, Royce, Chancellor. Appeal by the orator. The case is sufficiently stated in the opinion. The third bequest creates a trust in the hands of the executor, and will be upheld.

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Appeal from the court of chancery. The case was heard on bill, answer, traverse, and proofs, at an adjourned term of the court of chancery, held on the 7th of December, 1872, Franklin county, Royce, Chancellor. Appeal by the orator. The case is sufficiently stated in the opinion. The third bequest creates a trust in the hands of the executor, and will be upheld. Hill on Trustees, 112, n. 2, after a careful and exhaustive examination of all the cases on the subject, submits the following rules, as the result of decisions, and as warranted by the latest writers: 1. “Precatory words in a will,…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The questions raised in this case are in regard to the validity of the third and fifth bequests in the testator’s will. The third bequest is expressed as follows: “ I give and bequeath the sum of one thousand dollars, to be paid by my executor here*280inaftcr named, for the education of the Freedmen of this nation, as soon after my decease as it can reasonably be collected and appropriated to that end: his best judgment and discretion to be exercised in said appropriation.”

The sum withdrawn by the testator from his estate and set apart for the…

2Cases cited2 opinions

  1. Brewster v. McCall's deviseesSupreme Court of Connecticut · 1842
  2. Button v. American Tract SocietySupreme Court of Vermont · 1851

3Cited by4 opinions

  1. Webster v. MorrisWisconsin Supreme Court · 1886
  2. Clement v. HydeSupreme Court of Vermont · 1878
  3. Tallman v. TallmanThe Superior Court of the City of New York and Buffalo · 1893
  4. Sheldon v. Town of StockbridgeSupreme Court of Vermont · 1894

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