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Russell Vs. Allen

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  • US Supreme Court
  • Mar 05, 1883

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  1. PerIn Vs. Carey US Supreme Court · Jan 01, 1860
    Relied / Followed
  2. KaIn Vs. Gibboney US Supreme Court · Jan 01, 1879
    Relied / Followed
  3. Lorings Vs. Marsh US Supreme Court · Jan 01, 1867
  4. United States Vs. Drummond US Supreme Court · Jan 01, 1839
  5. U.S. 163 (1883) U.S. Supreme Court Russell v. Allen
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  6. U.S. 163 (1883) Russell v. Allen
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  7. hardly been appreciated, it will be convenient to state the substance of them. The case of Baptist Association v. Hart
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  8. That theory has since, upon a more thorough examination of the precedents, been clearly shown to be erroneous. Vidal v. Girard
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  9. Ould v. Washington
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  10. And the only cases in which this Court has followed the Page 107 U. S. 168 decision in Baptist Association v. Hart
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  11. except in certain cases specified by statute, are not upheld to any greater extent than other trusts. Wheeler v. Smith
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  12. U. S. 362 . In Beatty v. Kurtz
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  13. a bill in equity to restrain by injunction the heirs of the original owners from disturbing that use. In Inglis v. Sailors'
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  14. judges differed only as to the legal title, and not as to the validity of the charitable trust. In McDonogh v. Murdoch
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  15. and Maryland would have been operative. 15 How. 56 U. S. 404 , 56 U. S. 415 . In Fontain v. Ravenel
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  16. Jackson v. Phillips
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  17. States if the bequest was valid by the law of the state. 17 How. 58 U. S. 395 -396. Accordingly, in Lorings v. Marsh
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  18. a bequest being valid under the law of Massachusetts as habitually administered in her courts. In United States v. Fox
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  19. by statute, a devise or bequest for such Page 107 U. S. 171 a purpose is a good charitable gift. Nightingale v. Goulburn
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  20. Dickson v. United
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  21. States, 125 Mass. 311. In Ould v. Washington
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  22. to the validity of the gift before us, as tending to create a perpetuity, is fully met by the cases of Inglis v. Sailors'
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  23. Sung Harbor, McDonogh v. Murdoch
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  24. and Ould v. Washington
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  25. to the leading case of Downing College, reported under the name of Attorney General Page 107 U. S. 172 v. Downing
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  26. in Wilmot, 1 Dick. 414, and Ambler 550, 571, and under the name of Attorney General v. Bowyer
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  27. in 3 Ves. 714, 5 Ves. 300, and 8 Ves. 256, and to the recent case of Chamberlayne v. Brockett
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  28. L.R. 8 Ch. 206. See also Sanderson v. White
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  29. Odell v. Odell
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  30. August, 1846, c. 178. This was held by Lord Langdale, Master of the Rolls, in United States v. Drummond
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  31. of the Rolls. History of Smithsonian Institution, 15, 19, 20, 56, 58, 62. And it was cited as authoritative in Whicker v. Hume
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  32. S. 173 managed by a board of trustees, is sufficiently definite, is shown by the decisions of this Court in Perin v. Curey
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  33. Hospital, above cited, as well as by that of the House of Lords in Dundee Magistrates v. Morris
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  34. in the object, as well as for want of capacity in the trustee to take, was held to be valid. And in Schmidt v. Hess
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  35. U.S. Supreme Court Russell v. Allen
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  36. of Baptist Association v. Hart
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  37. Vidal v. Girard
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  38. Baptist Association v. Hart
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  39. Wheeler v. Smith
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  40. In Beatty v. Kurtz
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  41. In Inglis v. Sailors'
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  42. In McDonogh v. Murdoch
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  43. In Fontain v. Ravenel
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  44. In United States v. Fox
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  45. Nightingale v. Goulburn
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  46. In Ould v. Washington
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  47. of Inglis v. Sailors'
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  48. of Attorney General v. Bowyer
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  49. of Chamberlayne v. Brockett
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  50. Sanderson v. White
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