The New York herald., 1877-11-04
UNITED STATES SUPREME COURT.

WASHINGTON, Now 2 1877.
No. 10 Ould o. al VS.. Washington Hospital for
Foundngs-Error TO tho Supreme Court Of the Dis
trict OF Columbia-Ths was action OF ejectment
brought by the plaintiffs as heirs-at-law OF she late
Joshua Pierce TO recover the properly in posses
SION OF the hospital which the win Of tho decedent
devised 10 that institution. The bequest attacked
as being void the ground Of perpeiuiiy and for un
certainty IN It's object. Tho Court held it 10 DO
valid as an immediate gin to charity, and that
In respect to such gifts there is to be no
application OF the rule TO perpetusies,
unless Is appears upon the face OF the viii itself
that under no INSTANCES was u the intention OF
tho that oequest should operate Ill! after
the expiration ot the time prescribed by that ruie ~
was to DO devise made IN favor Of corporation,
which should DO created by Congress within Inc
period permitted by tho law for The vesting OF an
cxecutory devise In the ordinary case Of Individual
The OF error maintains that this 10 an erroneous
decision; tha. II could not no an Immediate sin 70
because the hospital WAS not then IN existence,
aud that there 10 uncertainty In the devise,
because The term "foundng" 10 used IN
tts broadess sense, without there being In
the win tho slightest intimaton OF an intention 70
present condition. native or foreign has shcte
vested In any party discretion 10 soect tho oeh-
cncinric tho courts could compel the trust 70 DC
administered Tor the benent Of any one founding
could for ell othcrs whom accident or the cruelty OF
any OF the nve races OF men have mado ioundlngn
cannot that the tesator intended the benents OF
this trust TO be distributed among all the foundngs
that may be the earth, but as he has not himself
selected any class nor authorized any party
10 make the selection no selection can be
made, ana consequently no one OF them coufd on
general principles OF equity MAINTAIN olam 70 any o
benefits oil the trust ana the law oil tho nsos o.
Columbia is that no devise which cannot Do main
tanned general principles OF equity can % nam
tanned By or lis being charity IL IS also con-
tended that cxecuory devses or charitable purposes
are governed by the same law, as 10 porpetuites as
are exccutory devses tor any oner purpose anu that
IL is an invariabe principle IN applying the rule ihat
regard is 10 be had 10 possible NOT actua events anu
too remote Is fatal to its validity irrespective
OF the ovent. II 10 therefore insisted that
The dovise this case is void u, At tho death OF .ne
testator possibility existed that It might not vest 10
tho prescribe corporation within twenty-one years.
or At furshest Ito lives in beng and twonty-ono
years. and this Is said, was tho iact y " barrett
aud b. H. Butler for plaintiffs In error; W. Cox and
Hanna Il Johnson tor defendant
No 73 Continental Improvements Company va
s,oad-Error 10 Circuit Court lor the District OF
Indiana was a recovery for an injury caused Dy
the company to the defendant IN error while crossing
. railroad track on which they were running cars
II Is here urged tnat there should have been
no recovery, because the injured plaintin was
negligent careessly crossing The track when the
cars approaching; ana II Is said not 10 use due
diligence when attempting 70 cross railroad track at
such tlmc Is negligence 10 law and that II Will de-
lea. 4 recovery. Cause submitted on tho printed
briefs KuSnes, O'Brlen Smiley Tor plaintins In
error; j. q. Coombs for defendant
No. u.s. Charter Oak Life Insurance Company vs..
Rodell--Error TO the Circuit Court for the Eastern
District OF MissourL-This was m action and recov
cry of policy OF insurance upon the life oi the hus
band OF the defendant. The deceased committed sui
cae by poison, and the question was wnetncr or not
he was insane when the poison was taken. The jury
found that insane and the verdict was for the
plaintiff IL is here maintained that II the insured
took poison with intent TO cause his own DEATH know
Ing when taking death would be the result no
would be poDsbe Tor the act and u would prevent
a recovery. Cause submitted on printed briefs kLox
h Klein for plaintiff in error; Dryden Ssrom-
berg Tor defendant
NO. III Brown, &C., Vs. County Of Buena vista-Ap-
peal from tho Circuit Court Tor the Dstrctof Iowa
This was appeal from decroe setting aside judg
ment obtained against tho county the ground that
H. auduently recovered no papers relating 70 II
being among the archives OF the county and the
county officers o1lco about the time OF tho alleged
recovery having absconded s hero urged that tho
Judgment ia Just and should be sustained G. Parsons
Tor appellant; G. q. Wright lor appellee.