Clark v. Campbell case brief

Clark v. Campbell case brief summary
133 A. 166 (1926)

CASE SYNOPSIS

Plaintiff purported heirs commenced suit against the state and sought to recover under the terms of decedent's will. The state claimed that the bequest was invalid for want of certainty.

CASE FACTS
Decedent passed and under the terms of her will bequeathed certain property to her "friends." Her "friends" as purported heirs, commenced suit against the state and sought to recover under the will. The court discharged the complaint.

DISCUSSION and HOLDING

• The court held that: 
• (1) the bequest was invalid because it was a bequest to an indefinite person; 
• (2) the term "friends" was too indefinite because it had no accepted statutory or controlling limitation and was not precise at all; and 
• (3) the bequest was not a power to substitute the will of the testator for the will of the trustees to the undefined class of "friends" was irresponsible.

CONCLUSION

The court discharged the purported heir's suit against the state for recovery under the terms of decedent's will.

Suggested Study Aids For Wills, Trusts & Estate Law