Dickson v. Montgomery
Tennessee Supreme Court
On the 16th November, 1849, Christopher Strong, made and published his last will and testament, which included this clause: “Item 6th. — I do hereby give and bequeath to the Treasurer of the Clarke and Erskine College, situated at due west corner, Abbeville District, South Caroliua, and to his successors in office, in trust forever, the sum of seventy-four hundred dollars.
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On the 16th November, 1849, Christopher Strong, made and published his last will and testament, which included this clause: “Item 6th. — I do hereby give and bequeath to the Treasurer of the Clarke and Erskine College, situated at due west corner, Abbeville District, South Caroliua, and to his successors in office, in trust forever, the sum of seventy-four hundred dollars. Two thousand dollars of said sum is to be held in trust by said Treasurer, and his successors in office, for the endowment of said Clarke and Erskine College, to be paid over by said Treasurer, so soon after the same may…
1Opinion of the CourtGreen, J.
The facts disclosed in this record, raise the question, to what extent gifts for charitable uses can be supported in this State. And in order to a clear conception of the grounds of *361our judgment, it may not be amiss to state, in the outset, the principles which we consider to be settled by this court, as applicable to this subject.
The argument for the complainants assumes, that this court has held, that the court of chancery in this State, has no jurisdiction for trusts for charitable uses, unless the gift be to a party in esse, capable of sueing for the enforcement of the trust. We do not…
2Cases cited1 opinion
- Witman v. LexSupreme Court of Pennsylvania · 1827
3Cited by9 opinions
- Bell v. ShannonTennessee Supreme Court · 1963
- Moore v. NeelyTennessee Supreme Court · 1963
- Tennessee Division of United Daughters of Confederacy v. Vanderbilt UniversityCourt of Appeals of Tennessee · 2005
- Eledge v. DixonTennessee Supreme Court · 1952
- Howell v. StroudCourt of Appeals of Tennessee · 1925
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