Legal Opinion

Trustees of Phillips Academy v. King

Massachusetts Supreme Judicial Court

Decided November 15, 1815PublishedCited by 31 opinions

This was an action of debt, brought by the plaintiffs against the defendant, as executor of the last will and testament of Mary Morris, late of Salem, deceased, in which they demand the legacy bequeathed to them, in the following clause of the said last will) namely. “ Item.

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This was an action of debt, brought by the plaintiffs against the defendant, as executor of the last will and testament of Mary Morris, late of Salem, deceased, in which they demand the legacy bequeathed to them, in the following clause of the said last will) namely. “ Item. I give and bequeath to The Trustees of Phillips Jlcademy in Jlndover the capital sum of thirty thousand dollars, for the purpose and to the use and benefit of the Theological Institution, otherwise called the Divinity College, at Andover aforesaid, upon the special trust and confidence, that the said trustees shall and…

1Opinion of the CourtThatcher, J.

íhe facts agreed by the in this case are too voluminous to be repeated on this occasion ; and it will be sufficient to observe, that they are chiefly the contents of the deeds of the original founders of the Academy, of the several posterior benefactors and donors to the same, the statutes of the Theological Institution, and of the associate foundation, including the religious creed of these two foundations. It is the less necessary to recite these facts in detail here, as the counsel for the defendants have reduced *480their arguments to a few specific objections in writing, which will be…

2Cases cited3 opinions

  1. Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
  2. Dashiell v. Attorney GeneralCourt of Appeals of Maryland · 1822
  3. Coggeshall v. PeltonNew York Court of Chancery · 1823

3Cited by31 opinions

  1. The People v. . JaehneNew York Court of Appeals · 1886
  2. Jackson v. PhillipsMassachusetts Supreme Judicial Court · 1867
  3. Fort v. BurchNew York Supreme Court · 1849
  4. Smock v. Farmers' Union State BankSupreme Court of Oklahoma · 1908
  5. Herron v. CarsonWest Virginia Supreme Court · 1885

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