e taxes were
assessed. The Court, acting under the constitution, and bound to
support it and maintain its provisions faithfully, cannot declare
null and void a statute which has been passed by the legislature,
in pursuance of an express authority conferred by the
constitution.--[Opinion by the chief-justice, George Tyler
Bigelow.
The second decision on the will of Francis Jackson is copied
_verbatim_ from _Allen's Reports_:
_Jackson vs. Phillips and others, 14 Allen, 539_: A bequest to
trustees, to be expended at their discretion, * * * * "to secure
the passage of laws granting whether women, married or unmarried,
the right to vote, to hold office, to hold, manage and devise
property, and all other civil rights enjoyed by men," is not a
charity.
_Bill in equity by the executor of the will of Francis Jackson of
Boston, for instructions as to the validity and effect of the
following bequests and devises:_
Art. 6th. "I give and bequeath to Wendell Phillips of said
Boston, Lucy Stone, formerly of Brookfield, Mass., now the wife
of Henry Blackwell of New York, and Susan B. Anthony of
Rochester, N. Y., their successors and assigns, $5,000, not for
their own use, but in trust, nevertheless, to be expended by them
without any responsibility to any one, at their discretion, in
such sums, at such times and in such places as they may deem fit,
to secure the passage of laws granting women, whether married or
unmarried, the right to vote, to hold office, to hold, manage and
devise property, and all other civil rights enjoyed by men; and
for the preparation and circulation of books, the delivery of
lectures, and such other means as they may judge best; and I
hereby constitute them a board of trustees for that intent and
purpose, with power to add two other persons to said board if
they deem it expedient. And I hereby appoint Wendell Phillips
president and treasurer, and Susan B. Anthony secretary of said
board. I direct the treasurer of said board not to loan any part
of said bequest, but to invest, and, if need be, sell and
reinvest the same in bank or railroad shares, at his discretion.
I further authorize and request said board of trustees, the
survivor and survivors of them, to fill any and all vacancies
that may occur from time to time b
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