ANDERSON v. RYLAND

No. 5-2195.

336 S.W.2d 52 (1960)

Robert W. ANDERSON, Taxpayer, Appellant, v. W. M. RYLAND et al., as Trustees of Merrill Board, Appellees.

Supreme Court of Arkansas.

June 6, 1960.


Attorney(s) appearing for the Case

Major Joe Holmes, Pine Bluff, for appellant.

Coleman, Gantt & Ramsay, E. Harley Cox, Jr., Pine Bluff, for appellees.


McFADDIN, Justice.

The question here presented is the power of a court of equity to sanction a deviation from one portion of a charitable trust instrument in order to accomplish the larger purpose of the charitable trust. Stated another way, the question is the power of a court of equity to permit a sale of the trust property, even though the trust instrument states that the property cannot be sold.

In 1889 Joseph Merrill executed a trust indenture creating...

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