Everitt v. Duss

Citations

• 197 F. 401
• 1912 U.S. Dist. LEXIS 1429

Syllabus

<p>1. Associations (§ 15*) — Dissolution—Heirs of Member — Resulting Trust,</p> <p>Under the agreements of the members and officers of the Harmony Society, providing that the subscribers, for themselves and their heirs- and descendants, renounced all their estate and property to the founder and his associates as a free gift and donation for the benefit of the community and hound themselves and their heirs to make free renunciation thereof and to leave the same at the disposal of the superintendents of the community as though they were never possessed thereof, and also providing that such officers should be under no obligation to account for the property, but that it should be in the discretion of the superintendent to determine whether any, and, if any, what, allowance should be made to a withdrawing member or his representative as a donation, the property was held under a joint tenancy with the right of survivorship, and hence the heirs of the founder had no standing to assert a dissolution of the society and claim a share of its assets on the theory of a resulting trust.</p> <p>[Ed. Note. — For other cases, see Associations, Cent. Dig. §§ 19-25; Dec. Dig. § 15.*]</p> <p>2. Trusts (§ 63%*) — Resulting Trust — Gift.</p> <p>Where the founder of a socialistic community made donations to it without any intent that any beneficial interest therein should be enjoyed by him or his heirs or other members of the society except on conditions provided for the community’s enjoyment of the legal estate, no resulting trust arose in favor of his heirs with reference to such contributions on the subsequent termination of the society.</p> <p>LEd. Note. — For other cases, see Trusts, Cent. Dig. §§ 91, 92, 98, 99, 100; Dec. Dig. § 63%.*]</p>