Barnard v. Kruzan Et Al‪.‬

The appellee, George Kruzan, as a taxpayer of the City of Terre Haute, Indiana, filed this action on July 23, 1938, for and on behalf of himself and all other taxpayers similarly situated. The complaint alleged that William S. Rea, deceased, by his last will and testament, established a trust fund of $150,000 for the use and benefit of said city, which fund was to be held by the trustee until such time as the fund and its accumulations should amount to the total sum of $300,000, or until such time as the city should have raised and made available a sum which, together with the trust fund, would be sufficient to pay the entire cost of providing for a right of way and the construction of a new sewer system for the City of Terre Haute; and that the bequest also provided that in the event the City of Terre Haute failed to accept said gift within two years, or failed to provide such additional funds, the bequest should be paid over to Rose Polytechnic Institute of Terre Haute, Indiana.