Legal Opinion

Tappan v. Deblois

Supreme Judicial Court of Maine

Decided July 1, 1858PublishedCited by 5 opinions

Bill in Equity, brought by trustees named in the will of the late William Ladd. The property was bequeathed to them “ in trust, for the cause of peace, to be by them paid over to the executive committee of the American Peace Society.” The facts sufficiently appear in the opinion of the Court.

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Bill in Equity, brought by trustees named in the will of the late William Ladd. The property was bequeathed to them “ in trust, for the cause of peace, to be by them paid over to the executive committee of the American Peace Society.” The facts sufficiently appear in the opinion of the Court. The heirs at law of said William Ladd claimed to hold the property, on the ground that the bequest was void — not being for “ charitable uses,” within the terms of the statute 43 of Elizabeth, and being too indefinite in its objects to be enforced by a court of chancery, under its general jurisdiction,…

1Opinion of the Court

The opinion of the Court was drawn up by

Davis, J.

The late William Ladd, by his will dated July 9th, 1839, after making various bequests to relatives and friends, proceeded to make provision for his widow, and then to dispose of all the rest of his property for the benefit of the American Peace Society, of which he was an officer, and to whose interests many years of his life had been devoted. The present controversy turns upon the construction and effect to be given to the eleventh, twelfth, and thirteenth clauses of the will.

“11 Item.. I will and bequeath to my beloved wife, Sophia Ann…

2Cases cited6 opinions

  1. VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
  2. Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
  3. Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
  4. Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
  5. Potter v. ChapinNew York Court of Chancery · 1837

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3Cited by5 opinions

  1. Clayton v. HallettSupreme Court of Colorado · 1902
  2. Wood v. Trustees of the Fourth Baptist ChurchSupreme Court of Rhode Island · 1905
  3. Estate of PeckCalifornia Court of Appeal · 1959
  4. Sargent v. Board of TrusteesCalifornia Court of Appeal · 1959
  5. Boyd v. Frost National Bank of S.A.Texas Supreme Court · 1946

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