Becker v. Fisher

In this case a conclusion was reached concerning the construction of this will at the last term of this court, and, a motion for a rehearing having been sustained, it was resubmitted upon the briefs of counsel. With great respect for the determinations heretofore reached, the writer entertains the following views concerning matters in issue herein.

The paramount question involved is whether or not the so-called charitable trusts created by item 5 of the will of Sarah Hawes, and the codicil referring to that item, are valid charitable trusts. Item 5 of the will provides:

“I give, devise and…