Trustees of McIntire Poor School v. Zanesville Canal & Manufacturing Co.
Ohio Supreme Court
Bill in chancery. From Muskingum. The plaintiffs, Peter Mills and others, claiming to be the lawful trustees of a charitable fund, created by the will of John Mclntire, bring this bill against the Zanesville Canal and Manufacturing Company, the executors of Mclntire, and D. Young and wife, late the widow of Mclntire, who hold or claim the estate, for an account.
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Bill in chancery. From Muskingum. The plaintiffs, Peter Mills and others, claiming to be the lawful trustees of a charitable fund, created by the will of John Mclntire, bring this bill against the Zanesville Canal and Manufacturing Company, the executors of Mclntire, and D. Young and wife, late the widow of Mclntire, who hold or claim the estate, for an account. The case comes on upon a demurrer and answer of the canal company and of the executors of Mclntire, and on a plea-by the other defendants. Young and wife deny the validity of the bequest, and set up a right to the estate as heirs. The…
1Opinion of the Court
By the Court,
Lane, 0. J.
The plaintiff’s right to relief in the. present case, depends upon their successfully maintaining the two following propositions, to wit, that the will of Mclntire created a ■charitable trust, which this court can enforce, and that they are *292the lawful trustees. The first of these arises upon the plea of the-heirs; the second is presented by the demurrers and answers of the other defendants.
Wo have entered upon the examination of this case with much-solicitude ; for the great value of the property, the very talented' efforts of counsel, and the consideration that this…
2Cases cited2 opinions
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Mc'Cartee v. Orphan Asylum SocietyCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by4 opinions
- Board of Trustees for Vincennes University v. State of IndianaSupreme Court of the United States · 1853
- Jones v. HendersonIndiana Supreme Court · 1898
- Edgeter v. KemperMontgomery County Probate Court · 1955
- Board of Trustees for Vincennes University v. State of IndianaSupreme Court of the United States · 1853