Drake v. Chappel

Opinion op the Court by

Judge Fulton

Affirming.

Dr. E. Q. Drake, who died in 1905, devised $1000 to the Howards Mill Baptist Church, to be placed in the hands of the trustees who should use the income from the fund for the support of the church. This action was instituted by the heirs at law of Dr. Drake alleging that the church had ceased to exist and that therefore the purpose of the bequest had failed, entitling them to the $1000 fund. The trustees of the church denied that it had ceased to exist and took the position that the church was entitled to continue to use the fund under the terms of…