Stone v. Griffin
Supreme Court of Vermont
This was an action, of ejectment for lands in Charlotte, in Chit-tenden county. The defendant recovered judgemeqtin the county court, and the plaintiff filed exceptions, upon which the action was brought up to this Court.
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This was an action, of ejectment for lands in Charlotte, in Chit-tenden county. The defendant recovered judgemeqtin the county court, and the plaintiff filed exceptions, upon which the action was brought up to this Court. It appears by the exceptions, that, in 1822, Ammi Fuller owned the lands in question, and made his will, in one part of which fie devised as follows : “ I give and devise to the Methodist Episcopal Church in Charlotte, to be disposed of as hereafter directed, the remaining fourth part of the real estate of which I shall be possessed, or have a right to possess, at my…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the -opinion of the Court.— The plaintiff brings this action for the benefit of the heirs at law oiAmmi Fuller. Hence, he contends, that the devise to the Methodist Church or society, under whom the defendant claims to hold, is void. And the principal question presented and urged is, in whom is the legal estate vested ?
It is conceded by the defendant’s counsel, that the Church or society, having no legal perpetuity, cannot take a fee. Indeed, nothing but the use or interest is given them by the will. And if, at any time, this Church or society should become…
2Cited by2 opinions
- Wilbur v. University of VermontSupreme Court of Vermont · 1970
- Administrators of Tryon v. TryonSupreme Court of Vermont · 1844