Ellenherst v. Pythian
Court of Appeals of Kentucky
Case 108. — Agreed Case Submitting the Question Whether Plaintiffs Have Power to Borrow Money and Mortgage the Trust' Property of the Speers Hospital to Secure its Payment— APPEAL FROM CAMPBELL CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. (No brief.) Elizabeth Speers, by her will, gave the greater part of her estate “in trust for the establishment -and maintenance of a hospital in the city of Dayton in Campbell county, Ky.
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Case 108. — Agreed Case Submitting the Question Whether Plaintiffs Have Power to Borrow Money and Mortgage the Trust' Property of the Speers Hospital to Secure its Payment— APPEAL FROM CAMPBELL CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. (No brief.) Elizabeth Speers, by her will, gave the greater part of her estate “in trust for the establishment -and maintenance of a hospital in the city of Dayton in Campbell county, Ky. The said hospital to be erected, maintained and conducted in such manner and upon such plans as in the judgment of the trustees would do the greatest…
1Opinion of the Court
Opinion of the court by
Chief Justice PAYNTER.
Affirming.
Elizabeth L. Speers made and published her last will, in which she made many specific devises. The nineteepth •clause of the will disposes of the residue of her estate. As much of that clause of the will as is necessary to be ■ quoted reads as follows. “It is my will that my said executors! . . . convey .and transfer the entire balance of my estate, real personal, ¡and mixed, of every kind and wherever situated, . . . for the establishment and maintenance of a hospital in the city of Dayton, in Campbell county, Kentucky; the said hospital…
2Cited by1 opinion
- City of Raleigh v. Trustees of Rex HospitalSupreme Court of North Carolina · 1934