Legal Opinion

Erskine v. Whitehead

Indiana Supreme Court

Decided November 15, 1882No. 8691PublishedCited by 21 opinions

From the Superior Court of Vanderburgh County.

1Opinion of the CourtWoods, C. J.

The question in this case is, whether or not a bequest in the last will of Andrew Erskine constitutes a good gift to a charitable use or uses which can be upheld and administered under the law of this State. The action is by the heir at law, who claims the fund on the ground that the beneficiaries of the bequest are uncertain and incapable of being ■determined by the courts; that no power of determination or selection is conferred on the trustees named in the will or upon their successors; that the entire scheme is one of benevolence only, or, if charitable, then of private charity; and that…

2Cases cited9 opinions

  1. Grimes' Executors v. HarmonIndiana Supreme Court · 1871
  2. Craig v. SecristIndiana Supreme Court · 1876
  3. M'Cord v. OchiltreeIndiana Supreme Court · 1846
  4. Common Council of Richmond v. State ex rel. MendenhallIndiana Supreme Court · 1854
  5. Board of Comm'rs of Lagrange Co. v. RogersIndiana Supreme Court · 1876

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3Cited by21 opinions

  1. Richards v. WilsonIndiana Supreme Court · 1916
  2. Quinn v. Peoples Trust & Savings Co.Indiana Supreme Court · 1945
  3. Hunt v. FowlerIllinois Supreme Court · 1887
  4. Board of Children's Guardians v. ShutterIndiana Supreme Court · 1893
  5. Dykeman v. JenkinesIndiana Supreme Court · 1913

16 more not listed; retrieve them via the Exa API.

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