Legal Opinion

Episcopal City Mission v. Appleton

Massachusetts Supreme Judicial Court

Decided March 24, 1875PublishedCited by 35 opinions

Petition in equity by the Episcopal City Mission, a religious society incorporated by the St. of 1844, e. 92, against William Appleton, Charles H. Appleton, Sarah E. Lawrence, and Hetty S. Coolidge, the heirs at law of William Appleton, and residuary devisees under his will, and the Attorney General, as representing the poor of the city of Boston, praying leave to sell certain real estate on Purchase Street in Boston, and to reinvest the proceeds under the direction of the…

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Petition in equity by the Episcopal City Mission, a religious society incorporated by the St. of 1844, e. 92, against William Appleton, Charles H. Appleton, Sarah E. Lawrence, and Hetty S. Coolidge, the heirs at law of William Appleton, and residuary devisees under his will, and the Attorney General, as representing the poor of the city of Boston, praying leave to sell certain real estate on Purchase Street in Boston, and to reinvest the proceeds under the direction of the court. After the filing of the petition Charles H. Appleton died, leaving a will, by which he subjected his estate to…

1Opinion of the CourtGray, C. J.

Although the words “ upon condition,” in a conveyance of real estate, are apt words to create a condition, any breach of which will forfeit the estate, yet they are not to be allowed that effect when the intention of the grantor, as manifested by the whole deed, is otherwise. Sohier v. Trinity Church, 109 Mass. 1, 19, and cases cited. Attorney General v. Wax Chandlers’ Co. L. R. 6 H. L. 1. We are of opinion that such an intention does appear on the face of the deed from William Appleton to the Episcopal City Mission.

The purpose of the conditional paragraph is to define and regulate the use of…

2Cases cited1 opinion

  1. Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871

3Cited by35 opinions

  1. MacKenzie v. Trustees of the PresbyterySupreme Court of New Jersey · 1905
  2. Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
  3. Scovill v. McMahonSupreme Court of Connecticut · 1892
  4. Greene v. O'ConnorSupreme Court of Rhode Island · 1892
  5. Skinner v. ShepardMassachusetts Supreme Judicial Court · 1881

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