NOEL v. OLDS

No. 8793.

149 F.2d 13 (1945)

NOEL et al. v. OLDS et al.

United States Court of Appeals District of Columbia.

Decided March 26, 1945.


Attorney(s) appearing for the Case

Mr. Arthur J. Phelan, of Washington, D. C., for appellants. Mr. James C. Rogers, of Washington, D C., also entered an appearance for appellants.

Mr. John E. Larson, of Washington, D. C., for appellees Edson B. Olds, Jr., and the American Security and Trust Company, Executors and Trustees. Mr. Homer Cummings, of Washington, D. C., on the brief for appellee Rollins College, and Mr. O. Max Gardner, of Washington, D. C., on the brief for appellee University of North Carolina.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.


MILLER, Associate Justice.

In Noel v. Olds,1 Number 8352 and related cases, this court decided that the will of William Hayes Ackland created a charitable trust; that the doctrine of cy pres operates in the District of Columbia to avoid the failure of such a trust when the testator's general charitable intention is manifested; that such a general charitable intention was so manifested by the testator; and we remanded the cases to the District...

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