Legal Opinion

Bullard v. Inhabitants of Shirley

Massachusetts Supreme Judicial Court

Decided May 19, 1891PublishedCited by 23 opinions

A testatrix by her will gave to the Rev. S. C. of the town of S. $>5,000, which after his death was to go to the town, “ strictly on this condition, namely, that said town shall support fairly and permanently a Unitarian clergyman, in which case all interest accruing on above sum shall be used to aid in payment of his salary, failing which it shall revert to my heirs at law.” The town could not lawfully support the clergyman as required.

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A testatrix by her will gave to the Rev. S. C. of the town of S. $>5,000, which after his death was to go to the town, “ strictly on this condition, namely, that said town shall support fairly and permanently a Unitarian clergyman, in which case all interest accruing on above sum shall be used to aid in payment of his salary, failing which it shall revert to my heirs at law.” The town could not lawfully support the clergyman as required. Held, that the gift to the town failed, and the limitation to the heirs at law took effect immediately; and that the money would go to the testatrix’s next…

1Opinion of the CourtHolmes, J.

This is a bill for instructions, brought by the trustees under the will of Mary D. Whitney, touching the disposition of the fund given by the second clause of the will. That clause is as follows: “ Secondly, I give and bequeath to my friend, Rev. Seth Chandler, of Shirley, the sum of five thousand dollars ($5,000), which after his death shall revert to the town afore named strictly on this condition, namely, that said town shall support fairly and permanently a Unitarian clergyman, in which case all interest accruing on above sum shall be *560used to aid in payment of his salary, failing which it…

2Cases cited3 opinions

  1. Stratton v. Physio-Medical CollegeMassachusetts Supreme Judicial Court · 1889
  2. Parker v. ParkerMassachusetts Supreme Judicial Court · 1878
  3. Codman v. KrellMassachusetts Supreme Judicial Court · 1890

3Cited by23 opinions

  1. Dodge v. Anna Jaques HospitalMassachusetts Supreme Judicial Court · 1938
  2. Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
  3. Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
  4. Rogers v. Attorney GeneralMassachusetts Supreme Judicial Court · 1964
  5. Jones v. ParkerMassachusetts Supreme Judicial Court · 1895

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