Johnson v. Mayne
Supreme Court of Iowa
Appeal from the Van Burén District Court. In March, 1852, George Miller made Ms last will and testament in writing, in which, after maMng some small bequests to his children, and giving all his household and kitchen furniture, and one-third of his personal estate, to his wife, he made the following disposition of his real estate: “ 5. I give and devise to my said wife, Nancy Miller, the one third part of all my real estate, lands and tenements, either by division, if she…
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Appeal from the Van Burén District Court. In March, 1852, George Miller made Ms last will and testament in writing, in which, after maMng some small bequests to his children, and giving all his household and kitchen furniture, and one-third of his personal estate, to his wife, he made the following disposition of his real estate: “ 5. I give and devise to my said wife, Nancy Miller, the one third part of all my real estate, lands and tenements, either by division, if she should desire it, if it can be done equitably, to herself and the lands, or the one third of the proceeds of the value…
1Opinion of the Court
Stockton, D
As the argument for the appellants, is chiefly based on the alleged incapacity of the Methodist Episcopal Church to take the estate devised, we shall, in the first place, briefly examine that question. It is claimed that the devise is void, and that the estate descended to the heirs, not for the want of, or uncertainty as to the, beneficiaries ; nor because the object of the charity was unlawful; but because the church, not being incorporated, is incapable of taking the trust as a society.
The authorities maintaining this doctrine, are of high respectability. Among those, in which…
2Cases cited7 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
- Potter v. ChapinNew York Court of Chancery · 1837
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Rona v. MeierSupreme Court of Iowa · 1878
- Covert v. SebernSupreme Court of Iowa · 1887
- Grant v. SaundersSupreme Court of Iowa · 1903
9 more not listed; retrieve them via the Exa API.