Legal Opinion · Dissent

Kelly v. Nichols

Supreme Court of Rhode Island

Decided November 23, 1892Published

Bill in Equity to avoid a trust and for an account. On bill, answers and proof. After the opinion in this case, printed 11 R. I. 306, 316, the respondents answered and the case came on for hearing on bill, answers and proof.

1DissentTillinghast, J.

I am unable to concur in the opinion of my associates, in this case, and will state my grounds of dissent.

The will of Joseph Greene, together with the evidence submitted, shows that he was a very religious man, a leading-member of the Society of Eriends, commonly called Quakers, and exceedingly zealous for the promotion of the truth, as understood and practised by the early Friends, and that his leading and controlling purpose in the making of his will, was to apply his estate to the support and advancement of that form of religion. So.intent was he on impressing the fact upon those who…

2Cases cited9 opinions

  1. Chambers v. City of St. LouisSupreme Court of Missouri · 1860
  2. Lamb v. CainIndiana Supreme Court · 1891
  3. Executors of Burr v. SmithSupreme Court of Vermont · 1835
  4. Morville v. FowleMassachusetts Supreme Judicial Court · 1887
  5. Attorney General v. Wallace's DeviseesCourt of Appeals of Kentucky · 1847

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