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William Fontain, Administrator de bonis non cum testa mento annexo of Frederick Kohne, deceased, Appellant, v. William Ravenel U.S. 369 (1855)

handle is hein.slavery/ussccases0210 and id is 1 raw text is: DECEMBER TERM, 1854. 369 Fontain v. Ravenel. to the instructions thus given? We think that both their authority and duty so to do admit of no doubt. The decree of the circuit court, dismissing the bill of the complainant in that court, being warranted by the view we have taken of the law and the evidence in this case, we order that decree to be affirmed. Order. This cause came on to be heard on the transcript of the record from the circuit court of the United States for the southerndis- trict of Alabama, and was argued by counsel. On consideratioft- whereof it is now here ordered, adjudged, and decreed by this court, that the decree of the said circuit court in this cause be and the same is hereby affirmed, with costs. WILLIAM FONTAIN, ADMINISTRATOR de bonis no cumn testa mento anne xo OF FREDERICK KOHNE, DECEASED, APPtLLAN7 V. WILLIAM RAVENEL. A resident in Pennsylvania made his will, in 1829, giving annuities to his wife and others, and directing that his executors, or the survivor of them, after the decease of his wife, should provide for the annuitants, thpn living, and dispose of the resjdue of his property for the use of such charitable institutions in Pennsylvania and South Carolina as they or he may deem most beneficial to mankind. His wife and three other persons were appoihted executors. The thrie other persons all died during the lifetime of the wife. No appointment of the charity was made or attempted to be made during the lifetime of the executors. The charity cannot now be carried out. The exe utors were vested with a mere power of appointment without having any special trust attached to it. In England, the case could only be reached by the pre- rogative power of the crown acting through the sign-manual of the king. The English and American cases upon this subject examined. THIS was an appeal from the circuit court of the United States for the eastern district of Pennsylvania. It was a bill filed by Fontain, as administrator de bonis no eum testarnento annexo of Frederick .Kohne, deceased, against Ravenl, one of the executors of Mrs. Kohne, the widow of the deceased Frederick. The object of the bill was to. recover from the defendant certain sums of money which came into the hands of the widow, as executrix of her husband, for the purpose of applying them to some charitable bequests made in the will of Frederick Kohne. These are stated, as well as the other cir- cumstances of the. case, in the opinion of the court, .and need not be repeated.

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