Harris v. Brown
Supreme Court of Georgia
Petition for injunction. Before Judge Fulton. Houston superior court. May 31, 1905. On August 22, 1836, Matthew Dorsey and James A. Everett conveyed to Hardy Hunter and eight other persons named, “and their successors in trust for the purposes hereinafter mentioned and declared,” certain described lands in the county of Houston, containing six acres more or less, “to have and to hold the above-described lot or piece of land unto the said [persons named] and their successors…
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Petition for injunction. Before Judge Fulton. Houston superior court. May 31, 1905. On August 22, 1836, Matthew Dorsey and James A. Everett conveyed to Hardy Hunter and eight other persons named, “and their successors in trust for the purposes hereinafter mentioned and declared,” certain described lands in the county of Houston, containing six acres more or less, “to have and to hold the above-described lot or piece of land unto the said [persons named] and their successors in office forever in trust; that they shall erect and build or cause to be built thereon two academies or seminaries,…
1Opinion of the CourtLumpKIN, J.
(After stating the facts.) 1-3. The deed of Dorsey and Everett created a trust of a dual character, educational and religious. Clearly it was not their intention for the trust to terminate upon the building of the academies and the church. The conveyance was to the persons named as trustees and their sue-•cessors, to have and to hold to them “and their successors in office forever in trust ;” and it was declared that in case of a vacancy in .any trusteeship, it should be filled by “the proper authority.” These expressions in the deed, as well as the general character of the trust created,…
2Cases cited7 opinions
- Happy v. MortonIllinois Supreme Court · 1864
- Beckwith v. Rector, Wardens & Vestrymen of St. Philip's ParishSupreme Court of Georgia · 1882
- Hullman v. HoncompOhio Supreme Court · 1855
- Brunnenmeyer v. BuhreIllinois Supreme Court · 1863
- Thompson v. HaleSupreme Court of Georgia · 1905
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3Cited by12 opinions
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- Evans v. NewtonSupreme Court of Georgia · 1964
- Harris v. BandySupreme Court of Georgia · 1936
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