Legal Opinion

Doughten v. Vandever

Court of Chancery of Delaware

Decided February 15, 1875PublishedCited by 21 opinions

Bill for the construction and enforcement of a will. —Amy Doughten, then of White Clay Creek Hundred, in New Castle County, in and by her last will and testament, dated the 2d day of November, 1846, among other things, bequeathed as follows: “ Item 7. I do give and bequeath to the trustees of the Deaf & Dumb Asylum of Philadelphia in the State of Pennsylvania, and their successors forever, the one-sixth part of my estate, to be applied to the benefit of said institution or…

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Bill for the construction and enforcement of a will. —Amy Doughten, then of White Clay Creek Hundred, in New Castle County, in and by her last will and testament, dated the 2d day of November, 1846, among other things, bequeathed as follows: “ Item 7. I do give and bequeath to the trustees of the Deaf & Dumb Asylum of Philadelphia in the State of Pennsylvania, and their successors forever, the one-sixth part of my estate, to be applied to the benefit of said institution or corporation. “ Item 8. I do give and bequeath to the trustees of the Widows’ Asylum of Philadelphia in the State of…

1Opinion of the Court

The Chanoellob.

I shall attempt no enumeration of the various gifts which have been declared charitable. It is *63only necessary to remark that trusts for religious and educational purposes, and for the benefit of the poor, the sick, the afflicted, the helpless, are charitable. They are governed by the rules that apply to trusts for private benefit. The intention of the donor is ascertained by 'the application of the same rules of construction. Where, however, it is plain that a public charity is intended, different rules from those applied to private trusts may be invoked in order to give effect…

2Cases cited1 opinion

  1. Domestic & Foreign Missionary Society's AppealSupreme Court of Pennsylvania · 1858

3Cited by21 opinions

  1. McBride v. MurphyCourt of Chancery of Delaware · 1924
  2. Trustees of the New Castle Common v. GordySupreme Court of Delaware · 1952
  3. Murphy v. McBrideSupreme Court of Delaware · 1925
  4. Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
  5. Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916

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