McDonald v. Shaw
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court ; I. Virgil Bourland, Chancellor; The powers exercised by the English chancery courts over what we call the cy pres doctrine are not exercised by the courts of this country. 9 Am. Dec. 577, and note; 44 Am. Dec. 98, and note; 64 Am. St. Rep. 755, and note. If the beneficiaries are to be determined by arbitrary and uncertain standards, the bequest is void. 9 Am.
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Appeal from Sebastian Chancery Court ; I. Virgil Bourland, Chancellor; The powers exercised by the English chancery courts over what we call the cy pres doctrine are not exercised by the courts of this country. 9 Am. Dec. 577, and note; 44 Am. Dec. 98, and note; 64 Am. St. Rep. 755, and note. If the beneficiaries are to be determined by arbitrary and uncertain standards, the bequest is void. 9 Am. Dec. 586. The purpose of the trust must appear from instrument creating it. 9 How. U. S. 55. A gift for charitable uses must be sufficiently definite that a court of chancery can determine from the…
1Opinion of the CourtMcCuuuoch, J.
This appeal involves the construction of the will of Mary Hare, deceased, the validity of certain bequests therein made and the right to sell, during the life of her daughter, Ella Hare, the real estate of the testator. The clauses of the will under consideration are the following:'
“I give and bequeath to Rev. Lawrence Smyth and the Rev. Michael Smyth the sum of two hundred dollars each, and request that they offer the Holy Sacrifice of the Mass occasional for the eternal repose of the souls of myself and my husband.
“I give, devise and bequeath to the Convent of the Sisters of Mercy at Fort…
2Cases cited9 opinions
- Russell v. AllenSupreme Court of the United States · 1883
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Gilmer v. StoneSupreme Court of the United States · 1887
- Biscoe v. ThweattSupreme Court of Arkansas · 1905
- Reilly v. Union Protestant InfirmaryCourt of Appeals of Maryland · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McDonald v. ShawSupreme Court of Arkansas · 1909
- Missouri Pacific Hospital Ass'n v. Pulaski CountySupreme Court of Arkansas · 1947
- Eureka Stone Co. v. First Christian ChurchSupreme Court of Arkansas · 1908
- Tjosvold v. ByglandNebraska Supreme Court · 1908
- Lowery v. JonesSupreme Court of Arkansas · 1981
11 more not listed; retrieve them via the Exa API.