This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: … 545; Sohier v. Mass. Gen. Hosp., 3 Gush. 496. But the application of the cy prbs doctrine, in the exercise of a general equity jurisdiction, stands upon very different grounds, and is favored in this country, as well as in England. It existed prior to the Stat. of 43 Eliz. Symm''s Case, Duke, 163; Reade v. Silles, Acta Cane. 559; 1 Spence, Eq. 588, note; Parker v. Brown, 1 Col. Pr. Ch. 81; 1 My. & K. 389; Dwight''s Cha. Ca. 33; Parrot v. Pawlett, Cary, 47; Elmer v. Scott, Choice Ca. Ch. 155; Matthew v. Marow, and Hensman v. Hackney, Dwight''s Cha. Ca. 65, 77; Tudor, 102, 103. For authorities on this point in this country, see Vidal v. Girard, 2 How. 194-196, and cases cited; Perrin v. Carey, 24 How. 501; Magill v. Brown, Brightly, 346; 2 Kent, 286-288, and note; Burbank v. Whitney, 24 Pick. 152; Preachers'' Aid Soc. v. Rich, 45 Me. 559; Derby v. Derby, 4 R. I. 436; Urmey . Wooden, 1 Ohio St. 160; Chambers v. St. Louis, 29 Mo. 543. The discretion of the chancellor to depart from the express intent of the founder of a charity was not enlarged, but was intended rather to be limited, by Stat. of 43 Eliz. See statute, ante, SS 692; also Lord Coke, 2 Jnst. 712, and Duke, 11, 156, 169, 372, 619; Lord Eldon in Att''y-Gen. t-. Brown, 1 Swanst. 291; 1 Wils. Ch. 354; Lord Redesdale in Att''y-Gen. . Mayor of Dublin, 1 Bligh, N. R. 347, and Corporation of Ludlow v. Greenhouse, Id. 48, 62; Lord Keeper Bridgman in Att''y-Gen. v. Newman, 1 Ch. Ca. 158; Sir Joseph Jekyll, in Eyre . Shaftesbury, 2 P. Wms. 119; Lord Hardwicke, in Att''y-Gen. . Middleton, 2 Ves. Sen. 328; Att''y-Gen. v. Carroll, Acta Cane. 729; Dwight''s Argument, 259-268; Tudor, 161, 162. In Massachusetts, Going v. Emery, 16 Pick. 119; County Attorney . May, 5 Cush. 338;…

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