Frierson v. General Assembly of the Presbyterian Church in the United States
Tennessee Supreme Court
FROM MAURY. From the Chancery Court, November Term, 1870. W. S. Fleming, Ch. The testator’s intention to prevail unless contrary to law or public policy. 1 Eed. on Wills, 432; 10 Yerg., 20; 4 Hum., 210. A will rarely to be declared void for uncertainty. 1 Red. on Wills, 695. The donee a body corporate, created by Act of March 9, 1862. The General Assembly of the State at the time, at all events a de facto legislature of the highest grade. 1 Heis, 128; lb., 45. The acts of de…
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FROM MAURY. From the Chancery Court, November Term, 1870. W. S. Fleming, Ch. The testator’s intention to prevail unless contrary to law or public policy. 1 Eed. on Wills, 432; 10 Yerg., 20; 4 Hum., 210. A will rarely to be declared void for uncertainty. 1 Red. on Wills, 695. The donee a body corporate, created by Act of March 9, 1862. The General Assembly of the State at the time, at all events a de facto legislature of the highest grade. 1 Heis, 128; lb., 45. The acts of de facto officers valid as to third persons. 1 Overton (Coopers Ed.), 19; 1 Heis., 64; 9 Hum., 163; 3 Head, 690. The…
1Opinion of the CourtFbeemait, J.
This bill is filed by the executors of William E. Kennedy for a construction of certain clauses of his will, and for the direction of the Court of Chancery as to the performance of their duties in the execution of the trusts of the will.
It appears from the record that the testator died on the 17th of December, 1863, in the county of Maury, at an advanced age, having before this time emancipated the larger portion of his slaves, sending them to Liberia, through the agency of the American Colonization Society. He left no children. He disposed of a considerable share of his estate to his col*688later…
2Cases cited4 opinions
- Beekman v. . BonsorNew York Court of Appeals · 1861
- Gass v. WilhiteCourt of Appeals of Kentucky · 1834
- Methodist Church v. RemingtonSupreme Court of Pennsylvania · 1832
- Rann v. Home InsuranceNew York Court of Appeals · 1874
3Cited by7 opinions
- Heiskell v. Chickasaw LodgeTennessee Supreme Court · 1889
- Camden Fire Ins. Ass'n. v. HastonTennessee Supreme Court · 1925
- De Camp v. DobbinsNew Jersey Court of Chancery · 1878
- Howell v. StroudCourt of Appeals of Tennessee · 1925
- Camden Fire Ins. Ass'n. v. HastonTennessee Supreme Court · 1925
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