American University v. Collins

Delaplaine, J.,

delivered the following dissenting opinion.

I think the subscription given to the American University in this case should be considered as a contract, and not as a will. Mrs. Voshell made the following pledge: “I hereby promise and will pay to the American University * * * the sum of one-third of my estate.” The instrument was delivered to the University, and the University accepted it. No precise language is required to create a legal obligation. It is necessary only that such language be used as will clearly show the intention of the person to be bound. Where the relation of…