Laswell v. Hungate
Court of Appeals for the Seventh Circuit
Appea] from the District Court of the United States for the Southern Division of the Southern District of Illinois. Suit by Clara M. Daswell against John Id ungate, executor of Benjamin F. Johnson, deceased, and others. Bill dismissed, and plaintiff appeals. The appeal is from a decree of the District Court dismissing appellant’s bill for want of equity appearing upon its face.
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Appea] from the District Court of the United States for the Southern Division of the Southern District of Illinois. Suit by Clara M. Daswell against John Id ungate, executor of Benjamin F. Johnson, deceased, and others. Bill dismissed, and plaintiff appeals. The appeal is from a decree of the District Court dismissing appellant’s bill for want of equity appearing upon its face. It appears from the bill that Benjamin F. Johnson, of the city of La Harpe, Hancock county, Ill., died testate in 1906, leaving surviving his widow and one child, the appellant. He left property in Hancock county worth…
1Opinion of the CourtArschurer, Circuit Judge
(after stating the facts as above). [1] The main ground for the claimed invalidity of clauses 8 and 9 *637is that there was no school in Ea Harpe such as is described in these clauses, viz. a school in said city, tuition in which school must be free, and that there is no provision in the will for founding, but only for supporting, a school; that the will and codicil discloses no general charitable intent of the testator whereunder the cy pres doctrine may be invoked, and the devise therefore must fail.
From the bill it appears that there were so-called public schools in Fa Harpe; indeed, the…
2Cases cited8 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Russell v. AllenSupreme Court of the United States · 1883
- Crerar v. WilliamsIllinois Supreme Court · 1893
- Perin Ex Rel. Perin v. CareySupreme Court of the United States · 1861
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3Cited by3 opinions
- Rhode Island Hospital Trust Co. v. WilliamsSupreme Court of Rhode Island · 1929
- Hartzell v. HungateAppellate Court of Illinois · 1921
- Dunham v. HungateAppellate Court of Illinois · 1921