Morris v. Boyd
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. B ourland, Chancellor; STATEMENT BY THE COURT. Edward C. Brogan died on August 25, 1910, leaving a will, the portion of which it is material here to consider, reads as follows: "Item 9. After the payment of the aforesaid bequests, and gifts and all of my just debts, I give, devise, and bequeath, all the' remainder, both real and personal of the estate of which I shall die seized and possessed, to my beloved…
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. B ourland, Chancellor; STATEMENT BY THE COURT. Edward C. Brogan died on August 25, 1910, leaving a will, the portion of which it is material here to consider, reads as follows: "Item 9. After the payment of the aforesaid bequests, and gifts and all of my just debts, I give, devise, and bequeath, all the' remainder, both real and personal of the estate of which I shall die seized and possessed, to my beloved daughter, the said Mary F. Raymond, for her natural life and to the issue of her body. But in the event .of the death of my…
1Opinion of the CourtMcCulloch, C. J.
(after stating the facts). The will of Brogan devised his property to his daughter for life, with contingent remainder over to her issue, if any survived her and attained the age of twelve years, and, if none, then to trustees for the charitable purpose named. No trust was created except upon a definite failure of issue of the testator’s daughter, and unless the will is valid no trust can ever arise. The question of the validity of the will purporting to create the trust rests upon the decision of another court of exclusive jurisdiction. It is not contended that the court of equity has…
2Cases cited4 opinions
- Drake v. CraneSupreme Court of Missouri · 1895
- Williamson v. GriderSupreme Court of Arkansas · 1911
- Bedford v. BedfordSupreme Court of Arkansas · 1912
- Hendrix College v. Arkansas Townsite Co.Supreme Court of Arkansas · 1908
3Cited by18 opinions
- National Bank of Greece v. SavarikaMississippi Supreme Court · 1933
- Lovelace v. Marion InstituteSupreme Court of Alabama · 1926
- Stephens v. CollisonIllinois Supreme Court · 1916
- Schnack v. City of LarnedSupreme Court of Kansas · 1920
- Hardy v. HardySupreme Court of Arkansas · 1950
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