PAYNE v. CITY OF PROVIDENCE

No. 4471.

182 F.2d 888 (1950)

PAYNE et al. v. CITY OF PROVIDENCE et al.

United States Court of Appeals First Circuit.

June 19, 1950.


Attorney(s) appearing for the Case

Edwin H. Hastings, Providence. R. I. (Everett D. Higgins and Harold E. Staples, Providence, R. I., with him on the brief), for appellants.

James J. Corrigan, First Assistant City Solicitor, Providence, R. I. (William E. McCabe, City Solicitor, Providence, R. I., with him on the brief), for City of Providence et al., appellees.

Robert A. Coogan, Assistant Attorney General (William E. Powers, Attorney General, with him on the brief), for the Attorney General of Rhode Island, appellee.

Before MAGRUDER, Chief Judge, and CLARK and WOODBURY, Circuit Judges.


CLARK, Circuit Judge.

"Feeling a strong attachment to my native Town & an ardent desire to ameliorate the condition of the poor & to contribute to their comfort & relief," Ebenezer Knight Dexter in 1824 devised this "Neck-farm" to the Town of Providence in fee simple forever, "to be appropriated to the accommodation & support of the poor of said Town in manner herein after mentioned & for no other use...

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