Fairbanks v. Lamson
Massachusetts Supreme Judicial Court
Bill in equity by the granddaughter and sole heir at law of Joanna Fairbanks, of Shelburne, claiming as intestate estate the property bequeathed by the following clause in her will, of which the defendant Lamson was executor: “ The rest and residue of my estate of which I shall die seised and possessed I hereby direct my said executor to invest as he may deem best, as a fund, the annual interest of which shall be applied for the benefit of the sabbath school library of the…
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Bill in equity by the granddaughter and sole heir at law of Joanna Fairbanks, of Shelburne, claiming as intestate estate the property bequeathed by the following clause in her will, of which the defendant Lamson was executor: “ The rest and residue of my estate of which I shall die seised and possessed I hereby direct my said executor to invest as he may deem best, as a fund, the annual interest of which shall be applied for the benefit of the sabbath school library of the First Baptist Church in Shelburne Falls, or the Baptist Home Missionary Society, whichever may be deemed most suitable.”…
1Opinion of the CourtGray, J.
Upon the case stated in the bill, both of the purposes, to either of which the testatrix authorized the residue of her estate to be appropriated, were charitable. No object is more clearly charitable, in the sense of the law, than the advancement of religion and education among an indefinite number of persons. Jackson v. Phillips, 14 Allen, 552, 553. Bequests to missionary societies, foreign or domestic, have been repeatedly upheld as public charities. Bartlet v. King, 12 Mass. 537. Burr v. Smith, *5347 Verm. 241. Boyle on Charities, 41. Bequests for the circulation and distribution of bibles and…
2Cases cited2 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Executors of Burr v. SmithSupreme Court of Vermont · 1835
3Cited by12 opinions
- Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
- BartlettMassachusetts Supreme Judicial Court · 1895
- Bianchi v. South Park Presbyterian ChurchSupreme Court of New Jersey · 1939
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- Glaser v. Congregation Kehillath IsraelMassachusetts Supreme Judicial Court · 1928
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