Legal Opinion · Concurring in part, dissenting in part

Danforth v. City of Oshkosh

Wisconsin Supreme Court

Decided October 20, 1903Published

Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. Bubkell, Circuit Judge. Appeal from judgment of tbe circuit court affirming tbe final order of distribution entered by tbe county court in tbe matter of tbe will of Abby S. Harris.

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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. Bubkell, Circuit Judge. Appeal from judgment of tbe circuit court affirming tbe final order of distribution entered by tbe county court in tbe matter of tbe will of Abby S. Harris. By that will, executed in 1891, tbe testatrix, after various personal donations to her kindred and tbe kindred of ber deceased busband and for other purposes, by tbe fourteenth paragraph of tbe will gave' and devised all tbe residue, real, personal, and mixed, to' Gabriel Bouclc, Orville Beach, and Mary A. Olcott, to bold in trust for certain…

1Concurring in part, dissenting in partMaeshaxl, J.

Tbe inspired apostle proclaimed more than 1800 years ago: “Charity never faileth.” That sentiment has ever dwelt in tbe heart of man as tbe better part of him. It has been crystallized into tbe governmental system of every civilized community and in none more ■significantly than those blessed with tbe common law. Courts of chancery bave been for centuries, and from their earliest history, its special guardian. In their administration it was *282always assumed that the idea that “charity never faileth” was so thoroughly entrenched as the public policy of organized society that no written law…

2Cases cited37 opinions

  1. VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
  2. Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
  3. Tilden v. . GreenNew York Court of Appeals · 1891
  4. Russell v. AllenSupreme Court of the United States · 1883
  5. Pray v. . HegemanNew York Court of Appeals · 1885

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