Anderson v. Ryland

I agree with the majority’s reasoning and conclusion, but I would express somewhat more emphatically my disagreement with the decision in Atkinson v. Lyle, 191 Ark. 61, 85 S. W. 2d 715. Insofar as that case holds that a court of equity is without power to permit any deviation from the exact language of a charitable trust I think the decision to be erroneous, and I would overrule it outright.

The power of chancery to sanction a deviation is generally recognized in the case of private trusts as well as charitable trusts. Rest., Trusts, §§ 167 and 381. We have approved the doctrine with respect…