Gilman v. Hamilton
Illinois Supreme Court
About the year 1835, Gideon Blackburn, proposed to various benevolent persons, the following plan for raising money for the purpose of founding and establishing a Theological Seminary in Illinois: That they should advance to him money, with which he should purchase government lands at one dollar and twenty-live cents per acre. That he should convey to them respectively of those lands, amounts which at two dollars per acre would be equal to the sums advanced.
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About the year 1835, Gideon Blackburn, proposed to various benevolent persons, the following plan for raising money for the purpose of founding and establishing a Theological Seminary in Illinois: That they should advance to him money, with which he should purchase government lands at one dollar and twenty-live cents per acre. That he should convey to them respectively of those lands, amounts which at two dollars per acre would be equal to the sums advanced. That of the remaining lands he should take one-third to his own use, to reimburse him for his trouble and expenses, and the other…
1Opinion of the CourtScates, J.
It would seem by the first decree in this case in 1845, and the opinion of the supreme court reversing it, in 12 Ill. R. 260, that no evidence had been produced, but a decree pro forma upon agreement to some extent, had been entered. It is further very apparent from the decree, though not its strict phraseology, that a scheme for the application of this charity upon an assumption of the failure of its objects, and upon the principle of a cy pres application of it, had been digested and agreed on between the trustees of the fund, the contestants in the suit, and the contemplated trustees of…
2Cited by23 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- Heuser v. HarrisIllinois Supreme Court · 1867
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Village of Hinsdale v. Chicago City Missionary SocietyIllinois Supreme Court · 1940
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