Bourland v. Springdale Cemetery Ass'n
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. In this case a demurrer was sustained to a bill in chancery, and the complainants electing to abide by their bill, a decree was rendered dismissing the bill at the complainants’ costs, for want of equity.
Read the full summary
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. In this case a demurrer was sustained to a bill in chancery, and the complainants electing to abide by their bill, a decree was rendered dismissing the bill at the complainants’ costs, for want of equity. That decree has been affirmed by the Appellate Court on appeal, and this appeal is from the judgment of affirmance. The bill was brought against the Springdale Cemetery Association and Hervey Lightner, by Benjamin L. T.…
1Opinion of the CourtJustice Bailey
The theory of the bill in this case seems to be, that the Springdale Cemetery Association is a corporation organized for the administration of a charitable trust, and that those who now own or may hereafter purchase' burial lots in the cemetery are the beneficiaries of the trust; that the association not only holds the lands purchased or acquired by it in trust for cemetery purposes, but that it holds all revenues arising from the sale of burial lots or from other sources upon a like trust, and that none of its revenues can be lawfully devoted to any other purpose; that the complainants and…
2Cited by5 opinions
- Brown v. Maplewood Cemetery Ass'nSupreme Court of Minnesota · 1902
- Portland Cremation Asso. v. CommissionerUnited States Board of Tax Appeals · 1928
- Appeal of Springdale Cemetery Ass'nUnited States Board of Tax Appeals · 1925
- Bushers v. Graceland Cemetery Ass'n of Albion, Ill.District Court, E.D. Illinois · 1958
- Springdale Cemetery Asso. v. CommissionerUnited States Board of Tax Appeals · 1925