Buchanan v. Kennard
Supreme Court of Missouri
Appeal from St. Louis City. Circuit Court. — Ron. Eugene McQuiliin, Judge. •(1) A trust violating the rule against perpetuities is void, unless the object and purpose of such trust is to create a valid public charity. 2 Perry on Trusts (5 Ed.), sec. 687; 2 Underhill on Wills, 1195; Johnson v. Holifield,- 79 Ala. 423; Troutman v. Orphans’ Home, 66 Kas. 1; Hilliard v. Miller, 10 Pa. St. 326;-Duke of Norfolk’s Case, 1 Vern. 164; Bank v. Longfellow, 96 Mo.
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Appeal from St. Louis City. Circuit Court. — Ron. Eugene McQuiliin, Judge. •(1) A trust violating the rule against perpetuities is void, unless the object and purpose of such trust is to create a valid public charity. 2 Perry on Trusts (5 Ed.), sec. 687; 2 Underhill on Wills, 1195; Johnson v. Holifield,- 79 Ala. 423; Troutman v. Orphans’ Home, 66 Kas. 1; Hilliard v. Miller, 10 Pa. St. 326;-Duke of Norfolk’s Case, 1 Vern. 164; Bank v. Longfellow, 96 Mo. App. 385; Mason v. Perry, 22 R. I. 475; Coit v. Comstock, 51 Conn. 352; Detwiller v. Hartman, 37 N. J. Eq. 347. (2) A trust in which the…
1Opinion of the CourtKennish, J.
— This spit in equity was instituted in the circuit court of the city of St. Louis on the 18th day of August, 1909, by the appellants, as heirs of Robert A. Barnes, deceased, against Samuel M. Kennard, Samuel Cupples and Murray Carleton, as trustees, under the last will and testament of the said Robert A. Barnes. One of the said heirs who did not join as plaintiff was made co-defendant.
By the provisions of the will of the said Robert A. Barnes certain bequests were made to said trustees for the purpose of erecting and maintaining a hospital *?for sick and injured persons, and the purpose of…
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