EVANS V. NEWTON
382 U.S. 296 (1966)
NATURE OF THE CASE: This was a dispute in a probated will over the use of property as a
white only park by the city of Macon, Georgia.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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