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Domestic News
February 29, 1844
The Hillsborough Recorder
Hillsboro, Orange County, North Carolina
What is this article about?
Heirs of Mr. Girard argue in court that his bequest for a college promoting Deism or Infidelity is void and does not qualify for equity court's charitable favor, despite his right to dispose of property legally.
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Some of the Reporters and Letter Writers appear to us not to have precisely apprehended the legal ground taken by the heirs of Mr. Girard, in the recent argument, so far as respects the alleged religious character of the proposed school, or college.
We were attentive listeners on the occasion, and we understood the point, or objection, to be this, viz: That Mr. Girard's proposed plan of education was derogatory to the Christian religion, and for plain and clear principles, and for plain and clear objects, of Deism or Infidelity: and that Mr. Girard's bequest for the endowment of this college, being for other reasons void, according to the common rules and principles of law, it was not entitled to receive in a court of equity that especial favor or privilege, by the force of which gifts and endowments for charity were upholden in such courts, though void in a court of law. The right of Mr. Girard to dispose of his property, as he might see fit, according to law, we did not understand to be disputed.
The question, as it struck us, was "Can a bequest of this kind call on the courts of equity to extend to it the favor belonging to charities?"
Nat. Intel.
We were attentive listeners on the occasion, and we understood the point, or objection, to be this, viz: That Mr. Girard's proposed plan of education was derogatory to the Christian religion, and for plain and clear principles, and for plain and clear objects, of Deism or Infidelity: and that Mr. Girard's bequest for the endowment of this college, being for other reasons void, according to the common rules and principles of law, it was not entitled to receive in a court of equity that especial favor or privilege, by the force of which gifts and endowments for charity were upholden in such courts, though void in a court of law. The right of Mr. Girard to dispose of his property, as he might see fit, according to law, we did not understand to be disputed.
The question, as it struck us, was "Can a bequest of this kind call on the courts of equity to extend to it the favor belonging to charities?"
Nat. Intel.
What sub-type of article is it?
Legal Or Court
Education
What keywords are associated?
Girard Bequest
Legal Argument
Court Equity
Charity Favor
Deism Infidelity
Proposed College
What entities or persons were involved?
Mr. Girard
Heirs Of Mr. Girard
Domestic News Details
Event Date
Recent Argument
Key Persons
Mr. Girard
Heirs Of Mr. Girard
Outcome
bequest void under common law; question of equity favor for charities disputed
Event Details
Heirs argue that Mr. Girard's plan for education is derogatory to Christianity and promotes Deism or Infidelity; bequest not entitled to equity court's charitable privileges despite Girard's legal right to dispose of property.