United States Supreme Court Cases & Opinions

U.S. Supreme Court

Taylor v. Columbian University, 226 U.S. 126 (1912)

Taylor v. Columbian University

No. 41

Argued November 6, 1912

Decided December 2, 1912

226 U.S. 126

Syllabus

A devise and bequest to a university to establish an endowment fund for free education of young men for preparation for entrance to the United States Naval Academy or to fit them to become mates or masters in the Merchant Marine Service of the United States held

Page 226 U. S. 127

in this case to create a charitable trust that is capable of execution and one which is not void a too indefinite for execution.

Where testator names one institution to carry out a trust and names another as alternate in case the former shall not be able to perform, the court will not declare the trust impossible of execution on account of the failure of the first-named institution to carry it out until after the second named has also tried and failed. Conclusions as to facts reached by two lower courts will not be disturbed by this Court unless manifestly erroneous.

In establishing an educational endowment fund, the words "Merchant Marine Service of the United States" have a definite meaning sufficient to sustain the trust.

25 App.D.C. 124 affirmed.

The facts, which involve the construction and validity of a testamentary trust, are stated in the opinion.

Page 226 U. S. 130