Legal Opinion · Dissent
State Ex Rel. Emmert v. Union Trust Co.
Indiana Supreme Court
Decided June 8, 1949No. 28,551PublishedCited by 1 opinion
1Dissent
DISSENTING OPINION
Gilkison, C. J.
The majority opinion is based entirely upon negative inferences allegedly drawn from Item 3 of the will. They are stated in the opinion as follows: 1. “In this will no charitable intent, which is necessary to establish a public trust, is apparent.” 2. “The will does not evince with reasonable definiteness and certainty a charitable purpose.” 3. “There is no statement or description therein from which a charitable purpose or the object thereof can be ascertained or identified by evidence.” 4. “The bequest or direction of this Item does not expressly or…
2Cases cited41 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Russell v. AllenSupreme Court of the United States · 1883
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
36 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State Ex Rel. Emmert v. Union Trust Co.Indiana Supreme Court · 1949