Hayward v. Davidson

—The only question in this case is, whether a devise in these words will vest a title in the board of commissioners, or in the county, for the property: “I give and bequeath unto the board of commissioners of Kosciusko county, to be appropriated by the board of commissioners, and their successors in office, for the useof Kosciusko county forever.” These -are not the very words- of the will, but it is agreed this is their purport and intent, and that they are to be so taken and understood as their proper meaning.

Whether the county or board of commissioners is named, is all the same thing in…