Piper v. Moulton
Supreme Judicial Court of Maine
Bill in equity. I leard on bill, answer and proof. Tiie opinion states the case. upon the question of perpetuity, cited: 1 Perry on Trusts, 472, 480-483 ; Smith v. Dunwoody, 19 G*. 237. The one hundred dollars bequest was void. A secondary bequest, depending upon a void bequest, fails. Oorlyes v. French, 4 Yes. 418; 1 Jarman Wills, 248; Rose v. Rose, 6 Abbott’s Dig. 178 ; 2 Redfield Wills, 565, 574, 531, 523 ; 22 Wend. 483. The huge bequest was not a public charity.
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Bill in equity. I leard on bill, answer and proof. Tiie opinion states the case. upon the question of perpetuity, cited: 1 Perry on Trusts, 472, 480-483 ; Smith v. Dunwoody, 19 G*. 237. The one hundred dollars bequest was void. A secondary bequest, depending upon a void bequest, fails. Oorlyes v. French, 4 Yes. 418; 1 Jarman Wills, 248; Rose v. Rose, 6 Abbott’s Dig. 178 ; 2 Redfield Wills, 565, 574, 531, 523 ; 22 Wend. 483. The huge bequest was not a public charity. Attorney General v. Soule, 28 Mich. 153. A corporation cannot be trustee for purposes foreign to its institution. 15 N. H. 330.…
1Opinion of the CourtAppleton, C. J.
Elisha Piper on September 19, 1876, made and executed his last will and testament. He died March 22, 1877. On the first Tuesday of June, 1877, his will was presented for probate and proved and allowed.
After referring to his heirs at law and declaring in the first item, that he shall not give them anything, the will proceeds as follows :
"All my estate is the result of my own earnings and of economy in the care and management of the same, and I feel that my relatives should not question my right to carry out what has been a well considered and settled purpose with me, viz : To dispose of my…
2Cases cited3 opinions
- Inhabitants of Dublin v. ChadbournMassachusetts Supreme Judicial Court · 1820
- Second Religious Society v. HarrimanMassachusetts Supreme Judicial Court · 1878
- Shattuck v. HastingsMassachusetts Supreme Judicial Court · 1868
3Cited by18 opinions
- Richards v. WilsonIndiana Supreme Court · 1916
- In Re the Estate of BeekmanNew York Court of Appeals · 1921
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
- Chapman v. NewellSupreme Court of Iowa · 1910
- Johnson v. HolifieldSupreme Court of Alabama · 1885
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