New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-26
The 1IcDcnosh Case.

This important case was decided yesterday
by tic Supreme Court gainst the States OF Maryland
ard LoGsaaa and IN favor OF the cities OF New Orleans
and Baltimore.
ChiefJ Fusi!s delivered elaborate and learned
cuIion He Looked upon tie legacies In favor OF the
cue in the nature OF pcus bequess Such requests
were regarded with favor by tie law. Corporations
were REGULARLY The objects OF such dispositions, inas
much they the most efficient sgents Of exten.
Eye ehsTiiies BCCgests Ike those under consd rson
we're frequently made 10 corporations. In SUCH cases
IL would generally be found that the corporations
merely seec,ed the instruments Of the bencyolence
o. the teststor npe legacy to city corpora
tim would not be reasonable or natural Such legaces
were always connected with charitable uses mud, in
futnersnce "a phEnthrOpie Intentions, the cites had
under article llj0 Of the Civil Code, ul capacity 70
ACCEPT legAciss of this character
H. cobtendej, the di pos lions in tavor OF the ci-s
were charged with Illegal and impossible condition.
those coudions we're 70 be regarded according srt
Gle go o. tire Civil Code not written consequently
hty did rot prevent the egsces troE taxing eject Il
tie ooudiions e a. and could b. carried INTO Ell
feet the cities were bound thereby IT, On the contrary
ihtec conditions were 81 character Teprobate by law
then tie CbsCfyrnco Of them dispensed with p
tee 50i oi tie C,I Code and the cit.es would take
tLt properly Grd disregard tesa Under aLs view, be
oodeftd tie legsc.es - tae ctiss lega AMI valid IN
al respects.
Icslre Rcst also CAV. ~ allie end lengthy opinion 10
which lie 81 N the conclusion tie Chief Jus
tee, .or reasons substantially tAe same.
Ju.tce Dunbar coDCuned fully ~ tie opinion Of the
Ga & Justirc.
!-aace Shd,ll u seu'ed fIom tie rnaiorry Of the
C.uIt In sr cPaicn msrked with greet eg7;iaon AMI
VeCI &. CNIFessioB. John McDonOch beeaeathed Ia
Ir,pefty 10 the CsIies "a hcwOresnr snd Baltimore
!of uielts and purposss WHICH the test4tor nAa
dice 0ea WL nIEuie parl usrty, and Tor Jie execg
ton a llCh be Lad cOutlsVcd complicated nyitIn
~ He regarded the c-pc- iions coueii.ng conai
fCl.s VI ul,stl character and contrary ~ pubic
pck,y TIE tile created By those dispositions was VI.
kUsv O. cur law Uni which tho titles N property
ere sLd simple. TIE cities could not accept these
l,sse.r n tie u prescribed BY lie estasoT noT
c.uid hey fGiA tie ctld.Jrs wnlea tie tesator had
.,T0.e thCm. The Eien ioI Of TIE tesIstor was -
give lie fErperiy O. he cries, 4 ,hsy co7ld strictly
cGrIy ovi tt'se cCE1l-rs; ECt the tes.a.or Clearly
ixteaced issl rs ~ peZty snod 20 tae stales Il
t.s CT were slcWed accept these Oelnests ard
dat he Gel drions m PosSd t-eE would Ge
rsolElNe GI re E5eL ,lE q tie testtGr such coa
.rrufisR voulI give he property . e.tcs abso
uriv All ougb te fessCE atd declared ia; he neyei
in.s; dsO arto h.rel. lie tcfs q the cites a
cod Il L. article l7OJ q TIE CIl Cole tae intention
O The T.. tAt0r rus - adhere. a. AID could
e csns in is Csc By y.ng The property - The Ste
q Lstiiana az IA Ind. Tae h1lf,, although no
ptres 70 t.s ccEuoTcrsy, were clam M - prope-tl
n trbtis 5u., n me opinion 81 Juice -
cell il,y could e. tte superior - mat OF -
s.sfss lie therefore ID. Gsht the SiEes were entitled 0
lheIioiery IL coL,-oEefsy-
IL ,tt oI.Licn oil 81 TIE judge hs Cry o. Baln,r
VITA Lel lfgalfy REPRESENTED be;cTe tke Court
n. y. D-lia, 18Th