Brown v. Town of Concord
Supreme Court of New Hampshire
Bill in Equity, in which the following case is stated, so far as the allegations of the bill are material to be considered. On the 27th of May, 1807, Joseph Hall, being seized of fifty-eight acres of land in Bow, made his will, and therein devised the land to the town of Concord, “ for the use and support of the Congregational gospel minister who shall exercise the duties of that office where the meeting-house now stands, forever.”
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Bill in Equity, in which the following case is stated, so far as the allegations of the bill are material to be considered. On the 27th of May, 1807, Joseph Hall, being seized of fifty-eight acres of land in Bow, made his will, and therein devised the land to the town of Concord, “ for the use and support of the Congregational gospel minister who shall exercise the duties of that office where the meeting-house now stands, forever.” The said Joseph Hall died seized of the land, and his will was duly proved on the 6th of July, 1807. The town of Concord accepted the devise, and appropriated the…
1Opinion of the Court
Sawyer, J.*
The decision of this case depends upon the nature of the devise contained in the will of Joseph Hall to the town of Concord. By the terms of the devise, fifty-eight acres of land in Bow are given to the town, “ for the use and support of the Congregational gospel minister who shall exercise the duties of that office where the meeting-house now stands, forever.”
The positions taken by the solicitor for the complainants, as we understand the argument, are : 1. That this may be considered a devise upon condition subsequent, upon the failure of which the estate may be determined by the…
2Cited by1 opinion
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