Greenman v. Phillips

Mary Andrews was a spinster and a longtime resident of Dowagiac. She passed away in 1924, and left a will, one provision of which is in controversy here. The fourth paragraph provides:

“All the balance of my estate, whether the same be real or personal, I hereby give, devise and bequeath to the city of Dowagiac, a municipal corporation, the same to be used by the said city for the purpose of providing a suitable playground for children, and I hereby direct that the sum of money or other property received by the said city under this bequest or devise shall be used for no other purpose.”

The…