President of the North Carolina Institute v. Norwood
Supreme Court of North Carolina
Cause removed by consent of parties, from the Court of Equity for Orange county, at Fall Term, 1853. The facts of the case are suificiently stated in the opinion delivered by this Court. The bequest is in these words — . “ I give and bequeath to the Deaf and Dumb Institution, if it can be secured, so that the principal will be secure and nothing but the interest used &c. $600, for the purpose of educating poor mutes,” &c.
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Cause removed by consent of parties, from the Court of Equity for Orange county, at Fall Term, 1853. The facts of the case are suificiently stated in the opinion delivered by this Court. The bequest is in these words — . “ I give and bequeath to the Deaf and Dumb Institution, if it can be secured, so that the principal will be secure and nothing but the interest used &c. $600, for the purpose of educating poor mutes,” &c. The corporate name of the Institution is “The President and Directors of the North Carolina Institute for the education of the Deaf and Dumb.” The presumption of law is,…
1Opinion of the CourtTearsoN, J.
In March, 1851, John Kelly, of the county of Orange, died, leaving a will, by which he appoints the defendant his .executor, and in which is contained the following clause:
“ Item, I give and bequeath to the Deaf and Dumb Institution, “ if it can be secured so that the principal will be secure, and “ nothing but the interest used; on these conditions, I give six “ thousand dollars, for the purpose of educating poor mutes, first “ of this county, when their parents is not able to educate them, “ if these conditions are complied with, I give and bequeath to the “ institution and thek successors…
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