ARGUMENTS OF THE DEFENDANTS' COUNSEL, AND JUDGMENT OF THE SUPREME COURT, U. S. IN THE CASE OF VIDAL AND ANOTHER, COMPLAINANTS AND APPELLANTS, VERSUS THE MAYOR &C. OF PHILADELPHIA, THE EXECUTORS OF GIRARD, AND OTHERS, DEFENDANTS & APPELLEE JANUARY TERM, 1844. TO WHICH IS ADDED THE WILL OF STEPHEN GIRARD. PRINTED BY ORDER OF THE COMMISSIONERS OF THE GIRARD ESTATE.
Philadelphia: J. Crissy, Printer, 1844. [2], 307pp. Disbound, light rubberstamp and blindstamp on title page, scattered and generally light foxing. Good+.
One of the great American cases on charitable uses, Girard's will having directed the establishment of a College for poor white male orphans, and prohibiting the presence of the clergy anywhere on premises.
Much litigation was spawned over these restrictions. In the first dispute, delineated here, some of Girard's heirs, seeking to invalidate the gift, argued that the City of Philadelphia was barred from accepting a devise of real estate for the College; that the beneficiaries were too indefinite to sustain the gift; and that, in excluding clergy, the gift evidenced a hostility to religion that contravened public policy. Horace Binney and John Sergeant argued in opposition to these claims. The Court's Opinion sustaining the will, by Justice Story, is printed here.
FIRST EDITION. Cohen 11407. Marvin 119 [ref.]. Sabin 27488n. AI 44-801 [5]. Item #35608
Price: $150.00