For Your Data Evans V. Abney Representative Brief

Evans v. Abney case brief summary
396 U.S. 435 (1970)

CASE SYNOPSIS

Petitioner African-American citizens requested certiorari review of a determination of the Supreme Court of Georgia that institute that a common had reverted past times functioning of reason police to respondent heirs nether a testator's will.

CASE FACTS
The testator, a Georgia senator, conveyed belongings to his abode urban heart together with mortal for the creation of a world park. The volition expressly provided that the common was to last for the role of white people exclusively together with was to last managed past times white people only. After the U.S.A. Supreme Court institute the functioning of such a park to last unconstitutional, the reason supreme courtroom ruled that the reason was to revert to the heirs rather than function out an integrated world common because the volition clearly expressed the testator's detailed wishes that the common non last integrated.

DISCUSSION

• The U.S.A. Supreme Court upheld that decision. 
• The doctrine of cy pres, equally codified at Ga. Code Ann. §§ 108-202, 113-815 (1959), did non permit the reason supreme courtroom to only delete the racially restrictive clauses when the testator explicitly indicated that this limitation was an essential together with indispensable business office of his excogitation for the land. 
• The trust failed together with reverted to the heirs nether Ga. Code Ann. § 108-106(4) (1959).

CONCLUSION
The judgment was affirmed.

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