Legal Opinion

Hayes v. Pratt

Supreme Court of the United States

Decided March 6, 1893No. 19PublishedCited by 30 opinions

APPEAL FROM THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE NEW JERSEY. This was a bill in equity, filed August 11, 1881, in the Court of Chancery of the State of New Jersey, by Dundas T. Pratt, a citizen of Pennsylvania, describing himself as “ succeeding executor of the last will and testament of George Hayes, late of the city and county of Philadelphia, in the State of Pennsylvania, deceased,” and by the Hayes Mechanics’ Home, a corporation organized under the…

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APPEAL FROM THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE NEW JERSEY. This was a bill in equity, filed August 11, 1881, in the Court of Chancery of the State of New Jersey, by Dundas T. Pratt, a citizen of Pennsylvania, describing himself as “ succeeding executor of the last will and testament of George Hayes, late of the city and county of Philadelphia, in the State of Pennsylvania, deceased,” and by the Hayes Mechanics’ Home, a corporation organized under the laws of Pennsylvania, and established' at Philadelphia, against Henry Hayes, a citizen of New Jersey, administrator of…

1Opinion of the CourtJustice Gray

George Hayes, by his will, devised and bequeathed the residue of his estate, real and personal, to his executors, in trust to sell and invest at their discretion, “and to appropriate and use the principal or income thereof, for the purpose of •founding and supporting, or uniting in the support of any institution that may be then founded, to furnish a retreat and home for disabled or aged and infirm and deserving American mechanics.”

The primary, if not the only, intention of the testator evidently was that his bounty should go to a single institution, “ a retreat and home for disabled or aged…

2Cases cited7 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Jones v. HabershamSupreme Court of the United States · 1883
  3. Wilkins v. EllettSupreme Court of the United States · 1870
  4. Green's Administratrix v. CreightonSupreme Court of the United States · 1860
  5. Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818

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3Cited by30 opinions

  1. Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
  2. Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
  3. Buchanan v. KennardSupreme Court of Missouri · 1911
  4. Bliss v. BlissMassachusetts Supreme Judicial Court · 1915
  5. Miami County Nat. Bank of Paola, Kan. v. BancroftCourt of Appeals for the Tenth Circuit · 1941

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