Chicago Daily News Fresh Air Fund v. Kerner

As succinctly stated in the brief of Maud Kennicott Reid and Mabel B. Gleason, heirs of David E. Fislte, the issue in this case is whether a bequest under the will of David B. Fiske to the Chicago Daily News Fresh Air Fund, a charitable corporation, which the Fund has renounced, should go to the heirs as in case of intestacy, or should be awarded to some similar charity under the doctrine of cy fres.

The complaint was filed by the Chicago Daily News Fresh Air Fund, hereafter referred to as plaintiff, asking the court to determine what disposition should be made of its interest in several funds…