Academy of the Visitation v. Clemens
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The petition showed no equity in the plaintiffs to have the legal or equitable title of defendants divested out of them in favor of plaintiff. H. The petition leaves it doubtful whether its object is not to call on defendants to say what they think of the proposed action, of plaintiff, and to say beforehand what they will do about it. HI.
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Error to St. Louis Circuit Court. I. The petition showed no equity in the plaintiffs to have the legal or equitable title of defendants divested out of them in favor of plaintiff. H. The petition leaves it doubtful whether its object is not to call on defendants to say what they think of the proposed action, of plaintiff, and to say beforehand what they will do about it. HI. The petition calls directly on a court of equitable jurisdiction to commit an act of spoliation and aid a trustee to commit a breach of trust by appropriating and wasting the trust fund. IV. The doctrine of cy-pres cannot…
1Opinion of the CourtAdams, Judge
Mrs. Ann Biddle by her last will and testament devised to Peter Richard Kenrick, Bishop of St. Louis, tract A, as designated on the plat of partition among the heirs of John Mullanpliy, being the third tract west of Eighteenth street, in St. Louis, containing twelve- and a half acres of land. It is the same tract how the site of the Academy on Cass avenue. The devise to Bishop Kenrick was in trust to found and establish upon the property so devised, forever, a house of the order of the Ladies of the Visitation of St. Mary, to be commenced within five years after the death of the testatrix,…
2Cases cited1 opinion
- Stanley v. ColtSupreme Court of the United States · 1867
3Cited by15 opinions
- Lackland v. WalkerSupreme Court of Missouri · 1899
- Richards v. WilsonIndiana Supreme Court · 1916
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Missouri Historical Society v. Academy of ScienceSupreme Court of Missouri · 1887
- Hadley v. ForseeSupreme Court of Missouri · 1907
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