First Universalist Society of North Adams v. Boland
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, for the specific performance of an agreement by the plaintiff to sell and by the defendant to purchase land. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of facts; and was as follows.
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Bill in equity, filed in the Superior Court, for the specific performance of an agreement by the plaintiff to sell and by the defendant to purchase land. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of facts; and was as follows. On April 9, 1842, Joseph D. Clark and twenty-five or thirty other persons formed the plaintiff society, with a constitution which adopted as the basis of its religious faith the profession of belief accepted by the General Convention of the Universalists at its session at…
1Opinion of the CourtAllen, J.
The limitation over, which is contained in the deed of Clark to the plaintiff in 1854, is void for remoteness. Wells v. Heath, 10 Gray, 17, 25, 26. Brattle Square Church v. Grant, 3 Gray, 142, 152. The fact that the grantor designated himself as one of the persons amongst many others to take under this limitation, does not have the effect to make the limitation valid. He was to take with the rest, and stand upon the same footing with them.
Where there is an invalid limitation over, the general rule- is that the preceding estate is to stand, unaffected by the void limitation. The estate becomes…
2Cases cited8 opinions
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
- Leonard v. . BurrNew York Court of Appeals · 1858
- Tobey v. MooreMassachusetts Supreme Judicial Court · 1881
- Wiggins Ferry Co. v. Ohio & Mississippi RailwayIllinois Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Pruner EstateSupreme Court of Pennsylvania · 1960
- Koehler v. RowlandSupreme Court of Missouri · 1918
- North v. GrahamIllinois Supreme Court · 1908
- Copenhaver v. PendletonSupreme Court of Virginia · 1930
73 more not listed; retrieve them via the Exa API.