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American University v. Conover

Decided: October 9, 1935.

THE AMERICAN UNIVERSITY, PLAINTIFF-APPELLANT,
v.
RUSSELL G. CONOVER, EXECUTOR, DEFENDANT-RESPONDENT



On appeal from a judgment of the Supreme Court.

For the plaintiff-appellant, Franklin H. Berry.

For the defendant-respondent, Howard Ewart.

Donges

The opinion of the court was delivered by

DONGES, J. Plaintiff, The American University, sued defendant, Russell G. Conover, executor under the last will and testament of Ida Grant, upon the following instrument:

"July 20, 1927.

"In consideration of my interest in Christian Education and for and in consideration of the mutual promises of other subscribers to The American University Fund of $6,000,000 for endowment, buildings, betterments, equipment, liquidation, and expenses, I hereby promise and will pay to The American University, an educational corporation organized and existing by and under certain acts of Congress, the sum of $5,000, payment to be made to the treasurer of said American University at Washington, D.C.

"This subscription is made upon the following terms and conditions:

"1. This pledge shall become due upon the day of my decease and shall be paid within one year thereafter by my administrator or executor out of the proceeds of my estate.

"To be known as the Sarah Jane and Ida Grant Memorial Scholarship Fund."

It was duly signed and witnessed. There was a blank space in the instrument for the insertion of provision for interest payment, but this line was crossed out.

At the trial the defendant moved for nonsuit upon two grounds: first, that the instrument was without consideration; and second, that it was an attempt at a testamentary disposition of property and void because not executed in accordance with the statute ...


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