Morgan v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Hopkins, J.:

The action is one of mandamus to compel the defendant to transfer on its books certain stock now standing in the name of George H. Marsh. The plaintiffs are the trustees of the Marsh Foundation under the will of George H. Marsh, deceased, who died August 13, 1920, being at the time of his death a resident and citizen of the city of Van Wirt in Van Wirt county, Ohio. The state is an intervener. The question involved is whether a statute exempting property to or for the use of benevolent or charitable societies or institutions from the…