Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1903-01-15
The Court On ths Conrt.


the lawyers In the case. De Bonis
siere, q rich Frenchman and an Cd,
Fellow, gave 1t by his will TO the l. O
o. F. for the orphans Of members 0
the order. His heirs tried to breal
the will and finally becoming dis
Outraged sold their claims to tw'
Topeka lawyers. The case went Il
the supreme court which last fall de
cided that 1t should 60 to the CHART
able purposes for which 1t was In
tended. The lawyers got another
hearing and now the court has de-
cided the other way and the lawyers
get the property worth 100000 OF
more. The court stood 4 to 5. Dos
ter wrote the opinion. JUICES Smith,
johnson and Greene concurred; JUS
tioes Cunningham, Pollock and Burch
dissented.
The syllabus Of the majority opin.
ion follows:
An instrument Of writing purport-
ing to convey lands to trustees and
their successors in perpetual trust to
provide home and school for the
maintenance and education Of the
children Of deceased members Of a
secret society 10 not q gift for the pur-
pose Of public charity and Is void,
against the rule Of prohibiting per.
petuities Of titles In estates.
The most interesting feature Of the
decision is the opinion which the
three judges who opposed the decision
express regarding the others. Judge
Pollock wrote their views and among
other things says:
1.-THE action in its present form is
to set aside this conveyance on the
ground Of fraud. No fraud was found
by the trial court. 1t Is declared
void for reasons purely legal. The
action is one Of purely equitable cog
nizance and is governed and con-
trolled by equitable principles. That
which Is right and Just in the prem
ises between man and man alone APP
peals to the conscience and binds the
Judgment Of the court. What is the
attitude Of the defendants In this liti-
gationp They represent the helpless
orphans Of large class Of society In
this state. Their grantcr, from an
abundance OF wealth, out Of large
heart, moved by spirit Of generosity
and benevolence conceived the plan,
Of conierring upon these helpless
orphans the blessings of a large edu-
cation and better equipment for life
than they could otherwise obtain. 1t
Is Q commendable fact that In courts
Of all Christian nations, such litigants
have been the iavorites Of the law,
even to the extent that a rule OF de-
cisions has grown up that such grants
must be upheld, il possible, consis-
tent with the principles Of the law.
"On the other hand, what Is the at
titude Of the plaintiffsp Their first
appearance In this controversy was as
counsel for the sister Of the grantor,
in an ejectment to recover the proper
ty. She resided in France. She had
NO right to recover the property. be-
cause an alien, and could not inherit
under existing laws. The property
is estimated to be worth from $75, 900
to 800, 900. According to plaintiffs
showing, while acting in the fiduciary |
relation to her Of legal adviser and at
q time when, in the absence OF an
authorizing treaty between this gov
eminent and France, she possessed
no Unbeatable or salable right to the
plaintiffs engaged in the
doubtful transaction Of securing from
her transfer Of her pretended inter.
est in the litigation for the nominal
sum Of about $4,000. In other words,
upon their own showing, they are
guilty Of wagering with their client,
1t the ratio Of about twenty to one,
hat the courts Of this state would
lot uphold the deed Of her brother as
,rantor. to worthy charity. They
'ame into court Of equity to recover
heir wager and have won. When
'ourts supreme, not alone in name or
n power, but supreme in the dignity
md majesty Of the law, forget, ignore
y refuse to be guided by the we'll
and fundamental princi- I