Grant v. Saunders
Supreme Court of Iowa
Appeal from Henry District Court, — Hon. Jaiísís D. SMYtn, Judge. The appellant and others, whom he represents, are heirs of William G. Saunders, deceased, and he brings this action in equity asking for a construction of tbe twenty-third clause of tbe will of Mr. Saunders, which is as follows: “I will and bequeath to Barbary B. Fouche, in trust, the remainder of my estate whatever it may be, for the benefit of the poor, and to be given by her to such objects, as in her…
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Appeal from Henry District Court, — Hon. Jaiísís D. SMYtn, Judge. The appellant and others, whom he represents, are heirs of William G. Saunders, deceased, and he brings this action in equity asking for a construction of tbe twenty-third clause of tbe will of Mr. Saunders, which is as follows: “I will and bequeath to Barbary B. Fouche, in trust, the remainder of my estate whatever it may be, for the benefit of the poor, and to be given by her to such objects, as in her judgment is worthy of assistance, from time to time, and at such times and persons as she thinks best to help. This charity…
1Opinion of the CourtSherwin, J.
The appellant contends that the bequest under consideration cannot be upheld for two principal reasons: First, because it is too vague and uncertain as to the beneficiaries; and, second, because it is not a charitable bequest. We shall discuss these propositions in their inverse order.
i -CHAMTYde-fined-Charitable gifts have been considered by the courts from the earliest recorded judicial proceedings, and many definitions thereof have been given. Lord Camden defined a charity as “a gift to a general public use, which extends'to the poor as well as to the rich.” Amb. 651; Franklin v. Armfield,…
2Cases cited22 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Jones v. HabershamSupreme Court of the United States · 1883
- Harrington v. PierWisconsin Supreme Court · 1900
- Perin Ex Rel. Perin v. CareySupreme Court of the United States · 1861
- Dodge v. WilliamsWisconsin Supreme Court · 1879
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3Cited by26 opinions
- Powers v. First Natl. Bank of CorsicanaTexas Supreme Court · 1942
- Wilson v. First National BankSupreme Court of Iowa · 1914
- Hitchcock v. Board of Home MissionsIllinois Supreme Court · 1913
- Klumpert v. VrielandSupreme Court of Iowa · 1909
- Beidler v. DehnerSupreme Court of Iowa · 1917
21 more not listed; retrieve them via the Exa API.