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Charles Mcmicken Perin, Clyde Perin, And Mary E. Perin, Infants, By Their Father And Next Friend, Franklin Perin, Complainants And Appellants, v. Freeman G. Carey, William Crossman, And William M. F. Hewson, Executors Of The Last Will And Test

1860 • 65 U.S. 465 • Taney Court
This US Supreme Court case is between Charles McMicken Perin, Clyde Perin, and Mary E. Perin (infants) represented by their father Franklin Perin as complainants and appellants against Freeman G. Carey, William Crossman, and William M. F Hewson who are the executors of the last will and test from 1860. The court was asked to decide whether or not a trust created in 1820 for the benefit of an infant heir could be enforced after 40 years had passed since its creation due to a lack of action taken...Open Case
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Oh No!
Chief Taney Court
Term: 1860
65 U.S. 465
16 L. Ed. 701
1860 U.S. LEXIS 428
Argued: Jan 28, 1861

Charles Mcmicken Perin, Clyde Perin, And Mary E. Perin, Infants, By Their Father And Next Friend, Franklin Perin, Complainants And Appellants, v. Freeman G. Carey, William Crossman, And William M. F. Hewson, Executors Of The Last Will And Test

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Opinion Summary
AI Abstract

This US Supreme Court case is between Charles McMicken Perin, Clyde Perin, and Mary E. Perin (infants) represented by their father Franklin Perin as complainants and appellants against Freeman G. Carey, William Crossman, and William M. F Hewson who are the executors of the last will and test from 1860. The court was asked to decide whether or not a trust created in 1820 for the benefit of an infant heir could be enforced after 40 years had passed since its creation due to a lack of action taken on behalf of the infants during that time period. Ultimately it was decided that although there had been no action taken on behalf of these infants within this 40 year window they were still entitled to enforce this trust because it would have been impossible for them to do so before reaching adulthood given their age at the time when it was created; thus allowing them access to funds which were intended for them all those years ago but never received until now.

Dissent Summary
AI Abstract

In the dissenting opinion of this US Supreme Court case, Charles McMicken Perin, Clyde Perin and Mary E. Perin (infants) were appealing a decision made by the Circuit Court for the District of Columbia which had held that they could not recover money from Freeman G. Carey, William Crossman and William M. F Hewson who were executors of a will written in 1860. The dissent argued that since there was no evidence to suggest otherwise, it should be assumed that when the testator wrote his will he intended to benefit all three children equally; however due to an error on behalf of one or more parties involved in executing said will only two out of three children received their share as per instructions given by the testator before his death. Therefore it was concluded that if any party is found responsible for such negligence then those infants should receive what is rightfully theirs according to what was originally stated in said will without being subject to any legal limitations or restrictions imposed by statute law at present time

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