The Chapel Hill weekly., 1944-12-22

Of the intention of the said William
Ackland to dedicate his estate charitable and educa-
tona purposes and in the light of all pertinent eircun-
stances this Court should authorize the furherance
the testators general charitable purposes nearly
be, by appointing the University of North Carolina
carry out the general charitable purposes Of the will
After the peadngs above outlined all filed neces and
nephews who had started the suit filed with the Court motion
for judgment the peadngWhch effect that thev
considered useful would be served by permitting
case to 90 to trial because if the facts alleged by the
PENDANTS fully the neces and nepews would
theess matter Of TAR be entitled to the money.
One Of the principal regard was that the
doctrine of in force the District of Columbia
urged by the and nephes that the District of
umba the charitable trust provisions Of Mr. Ackand will must
be carried into effect exactly outlined therein that his gift
intended for Duke alone and advance the
the South generally that Duke University having rejected the
Court could substitute the University North Carolina any
other educational institution in its place and that there moth
ing lett to do but regard the trust provision void and make dis
tribution Of the trust proceeds to the next of kin
They also contended that the provisions vague
and uncertain be void and that Mr. Ackands purpose
primarily to perpetuate his and memory however the
most important cntenton and the upon which the future
outcome Of the largely turn respecting l
The pantf motion for judgment the peadings aru-
ed before the Court detail and the Court requested
the next Of kim ruled that the doctrine cy pres
the District Of Columbia that the trust which Mr. Ackand had
created for constructing operating
that the proceed, the distribution among the nece
University of North Carolina for herein
Med without prejudice to the right Of the University North
Carolina to said should h, Judgment be
proper appeal Of this cause"
Thus ended the chapter the Ackand VIII (se
Appeal the Circuit Court o. Appeals
In the District Of Columbia, if any Of the parties law
Ggrievcd by the judgment Of the lower they
entitled to appeal the the United Ap-
ea for the District Accordingly the University North Caro-
lima promptly appealed from the ruling of the lower The
executors and trustees also appealed from the ruling did Rollins
College There other minor involved these appeals
bu the question as to WHETHER the doctrine Of in force
the District Of Columbia the principal briefs filed
connection with these three apeas extensive and complete
totaing in all peDre than 90 printed pages
Briefs opposition the appeals were course filed on be-
half Of the Of kin of Mr. Ackand urged and
argued length that the lower ruling that the
doctrine Of not in force the District of Columbia
Further briefs then filed by the University of North Carolina
and the executors answering the arguments contentious
vanced behalf Of the next Of kin
After all the briefs had been filed the hearing
before the Circuit Court of Appeals which
ce Groner Of that Court Mr. Justice Miller former
Duke University Law School, and Chief Justice of the
Supreme Court Of the District Columbia sitting by designation
The next Of kin called in special counsel the for
them in the Of Professor Austin w Scott of Harvard
Ver WenoWn writer outstanding authority the law
of trusts He presented to the Court by member
firm Of Hogan artson who had represented the of kin
the lower court and in making the presentation the attorney
ed that Mr. Scott would make the behalf he
family OF Mr. Ackand against the institutions the
side Professor Scott argued for perhaps hour seeking to
vince the Court not only that the doctrine
the District of Columbia but that if it
apply this because the of general
able character but amounts merely bequest the
Duke University alone.
Professor Scott followed by Larson of the firm of
McKenney, Fannery Cragh who argued the the ex
ecuors and trustees and who spoke for thirty
minutes He followed representative of the firm
Of Cummings Stanley who spoke briefly The closing
anchor then made by Governor Gardner who
cuped the full time allotted him and through courtesy of the
Court continued for few additional The for ad-
dona time due largely the fact Governor Gardner
interrupted several by Court
extremely interested in his argument and from time to time
sought to elicit from him additional information respecting var
phases of the including information very practical
matter the of the