Bad Judges

The Cultures Wars .. we lost

JMcD sent me this article titled Woman’s land will go to Akron mission. “ A preacher’s wife who died last year at age 95, Petry gifted her house and 21 acres of prime real estate to Haven of Rest, a rescue mission for the homeless in Akron. Not only did she want Haven of Rest to get it, she added a few stipulations to the gift in her will: Family friend Jim Kirby could live in the house, if he chose, until he died, and the mission could only sell the property to someone who would use it for a religious purpose. The clauses created a dilemma for those trying to administer her nearly $1 million estate, and for many organizations named as benefactors, who also stood to inherit some money. So earlier this year, Valentine, the executrix of the estate, filed a complaint in court. In doing so, she basically asked Stark County Probate Judge Dixie Park for direction. ” I'm reading this, wondering if there was a point to this story?  Yup.  There was. “ According to court filings, retired Judge Dennis R. Clunk mediated this settlement: Haven of Rest will pay Kirby $30,000 to give up claim to the house; Haven of Rest will take possession of the house and property — and Petry’s caveat that the land be used for a religious purpose will be void. Park said the religious purpose clause contained in the will didn’t have legal teeth. She said courts have consistently found such hand-tying language on future use to be discriminatory. ” Let's say that Mrs. Petry had instead directed that the property could only be resold to the Communist Party, or Obama reelection campaign, or Muslims?  Is there one chance in a thousand that Judge Dixie Park would have voided it?  I think not, but that's beside the point.  Judge Park had no right to dissolve Mrs. Petry's covenant.  Period.