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Executors of John McDonogh, deceased, and others, v. Mary Murdoch and others, Heirs of John McDonogh, deceased, The U.S. 367 (1854)

handle is hein.slavery/ussccases0218 and id is 1 raw text is: DECFMBER TERM, 1853. 367 Executors of McDonogh et al. v. Murdoch et al. THE EXECUTORS Or JOHN MCDONOGH, DECEASED, AND OTHERS, v. MARY MURDOCH AND OTHERS, HEIRS or JOHN McDoNoGH, DECEASED. McDonogh, a citizen of Louisiana, made a will, in which, after bequeathing certain legacies not involved in the present controversy, he gave, willed, and bequeathed aU the rest, residue, and remainder of his prope rty to the corporations of the cities of New Orleans and Baltimore forever, one half to each, for the education of the poor in those cities. The estate was to be converted into real property, and managed by six agents, three to he appointed by each city. No alenation of this general estate was ever to take place, under penalty of forfeiture, when the States of lan d Louisiana were to become his residuary devisees for the purpose of educating the poor of those States. Although there is a complexity in the plan by which the testator proposed to eff'ect his purpose, yet his intention is clear to make the cities his legatees, and his diree- tions about the agency are merely subsidinry to the general objects of his will, and whether eg9!I nd practicable, or otherwise, can exert no influence over the question of its validity. Thne city of New Orleans, being a corporation established bylaw, has a right to receive a legacy for the purpose of exercsing the powers which have been granted to it, and amongt these powers and duties is that of establishing public schoos for gratuitous education. The civil and English law upon this point compared: h dispositions of the property in this wll are not substitutions , or jee commisa which are forbidden by the Louisiana code. The meaning of those terms explained and defined: The testator was authorized to define the use and destination of his legacy. The conditions annexed to this legacy, the prohibition to alienate or to divide'the estate, or to separate in its management the interest of the cities, or their care and contrl, or to deviate from the testator's scheme, do not invalidate the bequest, be- cause the Louisiana Code provides that in all dispositions inter icos and morrtis catsa, impossible conditions, those which are contrary to the laws or to morals are reputed not written. The difference between the civil and common law, upon this point, examined: The city of Baltimore is entitled and empowered to receive this legacy under the laws of Maryland; and the laws of Louisiana do not forbid it. The article in the code of the latter State, which says that Donations may be made in favor of a straher, when the laws of his country do not prohibit similar dispositions in favor eta citizen of this State, does not most probably apply to the citizens or corpora- tons of the States of the Union. oreover, the laws of narylad do not prohibit similar disipositons in favor of a citizen of Louisiana. The destination of the lega y to public uses in the city of Baltimore, does not affect the valid operation of the bequest in Louisia na. The citiys of New Orleans and Baltimore, having the annuities charged upon their legacies, would be benefited by the invalidity of these legacies. Upon the question of their validity, this court expresses no opinion. But the parties to this suit, viz., the heirs at law, could not chunm them, In case of the filur or the devise to the cities, the limitation over to tie States of saryland and Louisiana would have been operative. TIS was an appeal from he Circuit Court of the United States for tohe Eastern District of Louisian, sitting as a court of equity. The bill was fied by the appellees, as the heirs a qt law of John lcDonogh, to set aside his will. The will itself is too long to be inserted in this report of the case; it would, of itself, occupy more than thir t printed pages. The reporter adopts the following statement of it, made out by

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