Legal Opinion

In re Taylor Orphan Asylum

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 23 opinions

APPEAL from the Circuit Court for Racine County. This was a proceeding under ch. 81, Laws of 1874,* to compel the board of directors of the Taylor Orphan Asylum to account for the administration of the trust fund, and to audit and correct their accounts. The facts are fully stated in the opinion.

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APPEAL from the Circuit Court for Racine County. This was a proceeding under ch. 81, Laws of 1874,* to compel the board of directors of the Taylor Orphan Asylum to account for the administration of the trust fund, and to audit and correct their accounts. The facts are fully stated in the opinion. The court ordered the directors Kelley and Van Pelt to pay to the Orphan Asylum, severally, certain sums of money by them respectively received as profits on the purchase and sale of certain real estate forming a part of the trust fund ; from which order they'separately appealed to this court. 1. Ch.…

1Opinion of the CourtRyan, C. J.

Emeline A. Taylor, of Racine, by her will, bequeathed a large sum of money to certain ladies, in trust, to erect and-support an orphan asylum in that county; to be paid to the asylum when incorporated and empowered to receive it ; and her residuary devise - was to her executors (of whom the appellant James H. Kelley was one), in trust for the maintenance of the asylum. The will gave power to the executors to sell real estate.

The ladies named' in the will were incorporated by ch. 340 of 1867, amended by ch. 192 of 1868, and ch.- 81 of 1874, to establish and maintain the asylum; and the…

2Cases cited5 opinions

  1. Torrey v. Bank of OrleansNew York Court of Chancery · 1842
  2. Puzey v. SenierWisconsin Supreme Court · 1859
  3. Howell v. BakerNew York Court of Chancery · 1819
  4. Gillett v. GillettWisconsin Supreme Court · 1859
  5. Beidelman v. FoulkSupreme Court of Pennsylvania · 1836

3Cited by23 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Dodge v. WilliamsWisconsin Supreme Court · 1879
  3. Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903
  4. Webster v. MorrisWisconsin Supreme Court · 1886
  5. Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889

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