Nourse v. Merriam
Massachusetts Supreme Judicial Court
This was a petition for a writ of mandamus, dated the 6th of March, 1850, and brought by Caleb E. Nourse, a minor of the age of eighteen years, and Caleb Nourse, his father and next friend, against the school committee of the town of Bolton. The petition set forth that Joseph Houghton, late of Bolton, deceased, made his last will and testament, which was duly proved and allowed in December, 1847, and by said will among other devises and bequests, made the following: “ Item.
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This was a petition for a writ of mandamus, dated the 6th of March, 1850, and brought by Caleb E. Nourse, a minor of the age of eighteen years, and Caleb Nourse, his father and next friend, against the school committee of the town of Bolton. The petition set forth that Joseph Houghton, late of Bolton, deceased, made his last will and testament, which was duly proved and allowed in December, 1847, and by said will among other devises and bequests, made the following: “ Item. I give, bequeath, and devise unto a part of the inhabitants of the town of Bolton, and unto a part of those persons who…
1Opinion of the CourtShaw, C. J.
Seldom has the court been called upon to put a construction upon a will of so peculiar a character as that on which the present case depends. It attempts to make a donation to a municipal corporation, with a view of promoting an object substantially common and general to all; and yet to exclude certain persons named, and their descendants, from all participation in its benefits, for one hundred years. Several questions arise, which it is necessary to consider, all of which *17depend upon the construction of the will of Joseph Houghton; and it will be necessary to cite all those parts of it,…
2Cited by2 opinions
- Carpenter v. WillettNew York Court of Appeals · 1864
- Bachelder Bros. v. ChavesNew Mexico Supreme Court · 1891