EVANS V. ABNEY
396 U.S. 435 (1970)
NATURE OF THE CASE: This was a dispute over the disposition of land.
FACTS: Senator Bacon conveyed property to the city of Macon, Georgia to use for the
creation of a public park for the exclusive enjoyment of white people. It was eventually
determined that the park could not operate that way in Evans v Newton 382 U.S. 296 (1966).
The issue is now one of what happens to the park; does it revert back to the heirs of the
Senator or does the termination of the trust violate Negro citizens' rights to equal
protection and due process. The Supreme Court of Georgia ruled that the park reverts back to
the heirs and that cy pres does not apply.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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