Dodge v. Williams

• Court: United States State Supreme Court of Wisconsin
• Writing for the Court: RYAN
• Citation: 46 Wis. 70,1 N.W. 92
• Parties: SANDERS DODGE ET AL., APPELLANTS, v. JOHN J. WILLIAMS ET AL., RESPONDENTS.
• Decision Date: 25 March 1879

46 Wis. 70
1 N.W. 92

SANDERS DODGE ET AL., APPELLANTS,
v.
JOHN J. WILLIAMS ET AL., RESPONDENTS.

Supreme Court of Wisconsin.

Filed March 25, 1879.

Motion for rehearing.

[1 N.W. 92]

RYAN, C. J.

--It is true, as suggested by the learned counsel for the appellants, that the grave questions involved in this appeal are new in this court. But they were so well argued at the bar, and so deliberately considered by the court, that the re-argument of them, urged by the learned counsel, would serve no good purpose. The court is fully satisfied with the principles on which the judgment went, and the questions must be considered at rest in this state.

The capacity of the colleges in question to execute the

[1 N.W. 93]

trusts of the will under their charters, was fully considered; but was, perhaps, too summarily stated in the opinion of the court.

The charter of Beloit College expressly provides, that the corporation shall accept and execute every donation or bequest made for a particular purpose, which accords with the design of the institution. The design of the institution is education. And surely, a charitable bequest for the education of a class accords with it.

The charter of the Wisconsin Female College authorizes the corporation to acquire, hold and dispose of real and personal property, for the benefit of the college, not exceeding $50,000 in value, and to make by-laws for conducting the business of the corporation. There can be no question that the corporation is authorized to receive general bequests for the purpose for which it is established, not exceeding the amount limited. And surely, a charitable bequest for the education of a class may be for the benefit of the college. The object of the charitable bequest was within the scope of the general powers of the corporation. It was for the corporation alone to determine whether the bequest was for the benefit of the college. And the power to make by-laws is quite sufficient for the administration of the trust.

The charter of Ripon College authorizes the corporation, in terms, to see that every donation or bequest made to the institution, be applied in conformity to the condition on which the same is made. This is an express authority to administer charitable bequests, and of course, carries with it the power to receive them.

The statutes of perpetuities and of uses and trusts, having been held to have no application to personalty, can of course have no operation to control or repeal the several...