Missionary Society of the Methodist Episcopal Church v. Chapman
Massachusetts Supreme Judicial Court
Appeal by the heirs at law of George Chapman ñ-om a decree of the Probate Court appointing commissioners, on the petition of the Missionary Society of the Methodist Episcopal Church, to make partition of two parcels of land in Shelburne.
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Appeal by the heirs at law of George Chapman ñ-om a decree of the Probate Court appointing commissioners, on the petition of the Missionary Society of the Methodist Episcopal Church, to make partition of two parcels of land in Shelburne. The petition set forth that the petitioner and the respondents held the land as tenants in common, set forth their respective shares, and alleged that they were not in dispute nor uncertain At the hearing before Soule, J., the following facts appeared: The will of George Chapman, dated July 13, 1855, after certain specific bequests, contained the following…
1Opinion of the CourtSoule, J.
The language of the devise under which the petitioner claims is peculiar, and not perfectly clear. It is susceptible of two interpretations. The word “ case,” in the phrase “ to the Missionary case of the M. E. Church,” may be regarded as meaning “ box,” in the sense of fund. In the absence, however, of evidence of any use of the term in that sense by the members *267of the church with which the testator was connected, or by him at any other time, we do not think it probable that he so used it in his will. But we think it more probable that the word “case” is merely a misspelling of the word “…
2Cases cited1 opinion
- Barclay v. BreckinridgeCourt of Appeals of Kentucky · 1863
3Cited by6 opinions
- Crawford v. NiesMassachusetts Supreme Judicial Court · 1916
- Dietrich v. HutchinsonSupreme Court of Vermont · 1901
- Sears v. ChapmanMassachusetts Supreme Judicial Court · 1893
- Town of South Kingstown v. Wakefield Trust Co.Supreme Court of Rhode Island · 1926
- Reilly v. McGowanMassachusetts Supreme Judicial Court · 1929
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