Women's Christian Ass'n v. Kansas City
Supreme Court of Missouri
A.ppeal from Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) The English cy pres doctrine has no place in the jurisprudence of this State. The control of American courts of equity over charitable trusts is identical in the theory of its application with their power over other trusts.
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A.ppeal from Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) The English cy pres doctrine has no place in the jurisprudence of this State. The control of American courts of equity over charitable trusts is identical in the theory of its application with their power over other trusts. When a general charitable intent of a donor is apparent, but is not defined, particular and circumscribed, the chancellor may go to a great length to prevent the failure of and to carry out such intent, and the theory of the exercise of this power is what we know as the American cy pres doctrine. Howe v.…
1Opinion of the CourtRobinson, J.
— The Women’s Christian Association of Kansas Oity, a corporation organized under the laws of this State for charitable purposes, to have effectuated and carried out a trust established by the last will of Mary A. Troost, who died in Kansas Oity in the year 1872, instituted the following proceedings in the circuit court of Jackson county:
“To the Honorable, the Judge of the Circuit Court of Jackson County, sitting at Independence, Missouri:
“Tour petitioner, the above-named plaintiff, the Women’s Christian Association of Kansas City, Missouri, respectfully represents and states, that it is a…
2Cases cited2 opinions
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- Barkley v. DonnellySupreme Court of Missouri · 1892
3Cited by18 opinions
- Mallinckrodt v. CommissionerUnited States Tax Court · 1943
- Lackland v. WalkerSupreme Court of Missouri · 1899
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Bridgeport Public Library & Reading Room v. Burroughs HomeSupreme Court of Connecticut · 1912
- Burrier v. JonesSupreme Court of Missouri · 1936
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