{
  "id": 2859594,
  "name": "The Volunteers of America, Appellee, v. Daniel A. Peirce et al. On Appeal of Maria L. Cox et al., Appellants; Same v. Same. On Appeal of Michigan Anti-Saloon League, Appellant; Same v. Same. On Appeal of The Buchanan Anti-Saloon League of Buchanan, Michigan",
  "name_abbreviation": "Volunteers of America v. Peirce",
  "decision_date": "1914-06-29",
  "docket_number": "Gen. No. 19,354; Gen. No. 19,306; Gen. No. 19,332",
  "first_page": "428",
  "last_page": "430",
  "citations": [
    {
      "type": "official",
      "cite": "187 Ill. App. 428"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 312,
    "char_count": 4982,
    "ocr_confidence": 0.511,
    "sha256": "74e16f3b7f259502df81d2c59efed9a693f1ab6a2607999afaedf404c6eb1410",
    "simhash": "1:93c8e436d78c1090",
    "word_count": 830
  },
  "last_updated": "2023-07-14T20:57:10.884591+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Volunteers of America, Appellee, v. Daniel A. Peirce et al. On Appeal of Maria L. Cox et al., Appellants. Same v. Same. On Appeal of Michigan Anti-Saloon League, Appellant. Same v. Same. On Appeal of The Buchanan Anti-Saloon League of Buchanan, Michigan."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Brown\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Brown"
      }
    ],
    "attorneys": [
      "John S. Stevens, for appellants Maria L. Cox et al.",
      "William A. Barnes, for appellant Buchanan Anti-Saloon League.",
      "Jonas O. Hoover, for appellant Michigan Anti-Saloon League.",
      "James J. Barbour, Shortall & Murison, Thomas Taylor, Jr., Bayley & Webster, Holt, Cutting & Sidley, Bentley, Burling & Swan and Preston Kumler, for appellee."
    ],
    "corrections": "",
    "head_matter": "The Volunteers of America, Appellee, v. Daniel A. Peirce et al. On Appeal of Maria L. Cox et al., Appellants. Same v. Same. On Appeal of Michigan Anti-Saloon League, Appellant. Same v. Same. On Appeal of The Buchanan Anti-Saloon League of Buchanan, Michigan.\nGen. No. 19,354. Gen. No. 19,306. Gen. No. 19,332.\n(Not to he reported in full.)\n(Not to he reported in full.)\n(Not to he reported in full.)\nAppeals from the Superior Court of Cook county; the Hon. Richard E. Burke, Judge, presiding. Heard in this court at the March term, 1913.\nCertiorari allowed by Supreme Court.\nReversed and remanded. \u2022\nOpinion filed June 29, 1914.\nStatement of the Case.\nBill filed by The Volunteers of America against Daniel A. Peirce, executor and trustee under the will of Sarah A. Hawley, Illinois Humane Society of the city of Chicago, Home of the Friendless, Old People\u2019s Home of the city of Chicago, Buchanan Anti-Saloon League, Young Men\u2019s Christian Association of the city of Chicago, Young Men\u2019s Christian Association of Buchanan, Michigan and Albert F. Peacock and others to compel the executor to account to the complainant for an amount claimed to be due it under the residuary bequest in the will of Sarah A. Hawley.\nThe residuary bequest was as follows:\n\u201cI hereby give, devise and bequeath all the rest, residue and remainder of my estate of every name and nature whatsoever, that I may die possessed of, or be entitled to at the time of my death, to my executor and trustee, hereinafter named, in trust for the following named institutions, societies or organizations, viz:\nThe Illinois Humane Society of the City of Chicago in said County of Cook and State of Illinois.\nThe Old People\u2019s Home, now situated at or near the corner of Indiana avenue and Thirty-ninth street in the City of Chicago, in the County of Cook and State of Illinois.\nThe Volunteers of America, now located at 184 Dearborn street, in said City of Chicago.\nThe Home of the Friendless, now located at Vincennes avenue and Fifty-first street, in the City of Chicago, County of Cook and State of Hlinois.\nThe Buchanan Anti-Saloon League of said Buchanan, Michigan.\nThe Young Men\u2019s Christian Association of said Buchanan, Michigan, if there shall be in existence at the time of my death in said Buchanan, Michigan, an organization of that name. If there shall not be an organization of the name in existence in said Buchanan at the time of my death, then to the Young Men\u2019s Christian Association of said City of Chicago, to be divided equally among said above named institutions, societies or organizations, it being my intention that each one of the same shall receive an equal share of the residue of my estate.\u201d\nAfter the filing of answers and cross-bills by the respective defendants, the complainant by leave of court amended its original bill setting up that the Buchanan- Anti-Saloon League was not legally qualified to take under the will, and asserted that by reason thereof the remaining beneficiaries of the residuary estate were each entitled to receive an equal one-fifth share of the trust fund instead' of one-sixth, which would be the share had there been six charitable organizations capable of sharing equally in the fund.\nThe court decreed that the Anti-Saloon League had no competent existence to take under the will and that the shares of the other beneficiaries were proportionately increased thereby. From the decree Maria L. \u25a0Cox, jointly with others who were heirs at law and next of kin of Sarah A. Hawley and the Anti-Saloon League, prayed and were allowed separate appeals, which are heard together.\nAbstract of the Decision.\n1. Charities, \u00a7 15 \u2014when bequest is for charitable purpose. A bequest to an anti-saloon league for the promotion and prosecution of anti-saloon work, held to be for a charitable purpose.\n2. Charities, \u00a7 22*\u2014construction of bequest. A bequest for a charity should be favored by the courts and liberally construed.\n3. Charities, \u00a7 2i*\u2014when association has competent existence to receive bequest. An anti-saloon league, though an unincorporated voluntary association, held to have a competent legal existence so as to be capable of taking a charitable bequest, though at the time of the death of the testator it had no by-laws, no officer or trustee and no roll of members, it appearing that the association opened a bank account and did business as an anti-saloon league and was so known, and there was no reasonable doubt that the testatrix intended the bequest for it.\nJohn S. Stevens, for appellants Maria L. Cox et al.\nWilliam A. Barnes, for appellant Buchanan Anti-Saloon League.\nJonas O. Hoover, for appellant Michigan Anti-Saloon League.\nJames J. Barbour, Shortall & Murison, Thomas Taylor, Jr., Bayley & Webster, Holt, Cutting & Sidley, Bentley, Burling & Swan and Preston Kumler, for appellee.\nSee Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0428-01",
  "first_page_order": 454,
  "last_page_order": 456
}