Budd v. Budd
U.S. Circuit Court for the District of Western Missouri
In Equity. Suit to set aside a devise of lands to Kansas City for a public park. Statement by PHILIPS, District Judge: In December, 1890, Azariah Budd died, testate, at the county of Jackson, state of Missouri, leaving the defendant S. A. Cornell Budd his surviving widow. On the 15th day of December, 1890, his will was duly admitted to probate in said county.
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In Equity. Suit to set aside a devise of lands to Kansas City for a public park. Statement by PHILIPS, District Judge: In December, 1890, Azariah Budd died, testate, at the county of Jackson, state of Missouri, leaving the defendant S. A. Cornell Budd his surviving widow. On the 15th day of December, 1890, his will was duly admitted to probate in said county. The second paragraph of the will is as follows: “(2) I give and devise to Kansas City, Mo., for a public park, to bo named ‘Budd Park,’ twenty-one acres of land, being in the northwest corner of the northwest quarter of the southeast…
1Opinion of the Court
PHILIPS, District Judge,
(after stating the facts.) The controlling question in this case is, did Kansas. City possess legal capacity *737to take and hold this land under the provisions of said will? The charter of a municipality is the source of its powers. It can exercise no power which is not expressly conferred upon it, or such as arises by fair implication as essential or reasonably proper to give effect to powers expressly granted. Doubts as to the existence of such power are to be resolved against the corporation. This rule of construction is succinctly stated by the supreme court in…
2Cases cited12 opinions
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