Nature of the Case
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Facts
Senator Bacon executed a will that devised land to Macon, Georgia that was to be used as a park and pleasure ground for white people only. The park was to be put under the control of seven persons all to be white. The city kept the park segregated for some years but in time let Negroes use it maintaining that the Constitution forbid it from managing and maintaining the segregated nature of the land. Individual Board members, The Board of Managers (P) brought suit in state court against the City, Newton (D). The Georgia Court accepted the resignation of the city as trustee and appointed new trustees. On appeal by the Negro intervenors, the Supreme Court of Georgia affirmed, holding that Senator Bacon had the right to give and bequeath his property to a limited class, that charitable trusts are subject to supervision of a court of equity, and that the power to appoint new trustees so that the purpose of the trust would not fail was clear. The Supreme Court granted certiorari.
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