PERIN ET AL. v. CAREY ET AL.


65 U.S. 465 (____)

24 How. 465

CHARLES McMICKEN PERIN, CLYDE PERIN, AND MARY E. PERIN, INFANTS, BY THEIR FATHER AND NEXT FRIEND, FRANKLIN PERIN, COMPLAINANTS AND APPELLANTS, v. FREEMAN G. CAREY, WILLIAM CROSSMAN, AND WILLIAM M.F. HEWSON, EXECUTORS OF THE LAST WILL AND TESTAMENT OF CHARLES MCMICKEN, DECEASED, THE CITY OF CINCINNATI, ELIZABETH RANDALL, DAVID P. STELLE, AND ELIZABETH STELLE, HIS WIFE, AND ANDREW McMICKEN, RESPONDENTS.

Supreme Court of United States.


Attorney(s) appearing for the Case

It was argued by Mr. Headington and Mr. Ewing for the appellants, and by Mr. Pugh and Mr. Taft for the appellees.


Mr. Justice WAYNE delivered the opinion of the court.

The appellants here were the complainants in the court below.

The object of their bill is to set aside the devises and bequests in the will of Charles McMicken to the city of Cincinnati, in trust for the foundation and maintenance of two colleges.

The testator says: "Having long cherished the desire to found an institution where white boys and girls may...

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