Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
During the time I had continued to reside in Van Buren county one of
the most important cases in which I was retained was a contest over the
legality of a will in which the deceased had made a bequest of a small
tract of land to the Methodist Episcopal church, organized out on what
was called "Utica Prairie." The will provided that the land should be
sold by the trustees of the church and a fund created out of which
should be paid so much a year to the missionary cause and so much to
the support of the minister. The remainder should be expended by the
trustees in erecting a house of worship. The trustees of the church had
not been incorporated, and the heirs sought to set aside the will on
the ground that there was no legal capacity in the trustees to receive
the bequest, and on the further ground of the uncertainty of the
beneficiaries under the will. I was retained in the case in behalf of
the trustees, and had them immediately adopt articles of incorporation
and file the same as provided by the statutes of the state. I filed an
answer in the case, setting forth with particularity the character of
the Methodist Episcopal church's organization, with proper averments as
to the certainty of the continued existence of the beneficiaries under
the will. The case was tried upon demurrer to this answer, and upon
appeal to the supreme court of Iowa the will was sustained. The opinion
of the court is fully reported in the case of Johnson et al. vs. Mayne
et al., Trustees, 4th Iowa, 180.
[Illustration: _Charles Clinton Nourse_
From an air brush copy of an old photograph loaned by
D. W. Nourse, Kenton, Ohio.]
I charged and received from the trustees the sum of $200 for my
services in the case, being the largest amount that I received in my
practice from any one case during the seven years I remained in
Keosauqua.
Public-domain text, read in full here on John Shaqi.
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