Newport Hosp. v. Harvey
| Decision Date | 07 June 1926 |
| Docket Number | No. 709.,709. |
| Citation | 133 A. 648 |
| Parties | NEWPORT HOSPITAL v. HARVEY. |
| Court | Rhode Island Supreme Court |
Certified from Superior Court, Newport County.
Bill in equity by Newport Hospital, trustee, against William R. Harvey. Certified by a justice of the superior court, without hearing the cause, to the Supreme Court for determination under Gen. Laws 1923, § 4968. Remanded for further proceedings.
Argued before SWEETLAND, C. J., and STEARNS, RATHBUN, and SWEENEY, JJ.
Burdick & MacLeod and Edward J. Corcoran, all of Newport, for complainant.
William P. Sheffield, Jr., and J. Russell Haire, all of Newport, for respondent.
This is a bill in equity to compel the respondent to specifically perform his agreement with the complainant to purchase certain real estate owned by the complainant as trustee under the will of John Alfred Hazard, deceased. The action was commenced in the superior court, and the material facts were admitted in the pleadings.
A justice of said court, without hearing the cause certified it to this court for determination. While the order of certification refers to no statute by authority of which said justice assumed to make the certification, it is evident from the language of said order that counsel for the parties and said justice were of the opinion that, because a question of law involving the construction of a will was raised, said justice was required by the provision of section 4968, G. L. 1923, to certify the cause as soon as it was ready for hearing for final decree. Said section provides for certification to this court of bills in equity for the construction of, or for instructions relative to, wills and trust deeds. The language is as follows:
"The superior court shall certify to the supreme court for its determination all bills in equity for the construction of any will or trust deed, or for instructions relative to any will or trust deed, whenever and as soon as any such cause is ready for hearing for final decree."
Although a question is presented which involves the construction of a provision of a will, the bill before us is not one for the construction of, or for instructions relative to, a will, but is a bill for specific performance. The statute above quoted does not authorize a certification of the cause to this court or confer jurisdiction upon us to pass upon the questions involved when certified as above set forth.
As the land in question is held by the trustee under a charitable trust, we think the...
To continue reading
Request your trial
-
Israel v. National Bd. of Young Men's Christian Ass'n
...for Aged Women, 55 R.I. 187, 192, 179 A. 610, 612 (1935). Accord, Leo v. Armington, 74 R.I. 124, 59 A.2d 371 (1948); Newport Hosp. v. Harvey, 47 R.I. 382, 133 A. 648 (1926). Thus, the Attorney General has the power and authority under the common law to enforce the provisions of charitable t......
-
Leo v. Armington, 1862.
...existence or the validity of such a trust is in question or wherein the administration of such a trust is involved. Newport Hospital v. Harvey, 47 R.I. 382, 133 A. 648; Powers v. Home for Aged Women, 55 R.I. 187, 179 A. 610. In our opinion the administration of a charitable trust is involve......
-
Powers v. Home for Aged Women
...validity of such a trust or such a bequest is really in question or the administration of such a trust is involved. Newport Hospital v. Harvey, 47 R. I. 382, 133 A. 648, citing 11 C. J. 368, which cites many cases in which this rule is In the present case the sum of $2,500, the disposition ......