Legal Opinion

MacKenzie v. Trustees of the Presbytery

Supreme Court of New Jersey

Decided September 22, 1905PublishedCited by 83 opinions

On appeal from chancery. This was a suit in equity brought by Alexander MaeKenzie, Hugh E. MaeKenzie, Edward E. MaeKenzie, James S. MacKenzis, Grace Ewing, Jessie Alexander, Isabella Craig, Eebecca E. Yanderbeck, Margaret E. Elkin, Eebecca M. Laidlaw and Catherine M. Pierson, devisees and heirs-at-law of George E. MaeKenzie, deceased, and Alexander MaeKenzie, Hugh E. MacIvenzie, Peter Alexander and Charles Elkin, executors and trustees named in the will of the said George E.…

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On appeal from chancery. This was a suit in equity brought by Alexander MaeKenzie, Hugh E. MaeKenzie, Edward E. MaeKenzie, James S. MacKenzis, Grace Ewing, Jessie Alexander, Isabella Craig, Eebecca E. Yanderbeck, Margaret E. Elkin, Eebecca M. Laidlaw and Catherine M. Pierson, devisees and heirs-at-law of George E. MaeKenzie, deceased, and Alexander MaeKenzie, Hugh E. MacIvenzie, Peter Alexander and Charles Elkin, executors and trustees named in the will of the said George E. MaeKenzie, deceased, against The Trustees of the Presbytery of Jei'sey City. The bill of complaint alleged that by a…

1Opinion of the Court

The opinion of the court (the foregoing statement of the case being made) was delivered by

Green, J.

1. Words seemingly appropriate to a condition only may introduce a covenant, a condition or a declaration of trust, and the whole of the clause submitted to investigation must, in form and scope, be considered, in order to determine within which class it should fall.

“Provided always,” which Blackstone, in his Commentaries, Boole 8, *899, mentions as typical words of condition, may, either alone or with other words, be found introducing reciprocal covenants in agreements, as in 1 Bythe. Conv.…

2Cases cited10 opinions

  1. Watson v. JonesSupreme Court of the United States · 1872
  2. Trustees of Dartmouth College v. WoodwardSupreme Court of the United States · 1819
  3. Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
  4. Jones v. HabershamSupreme Court of the United States · 1883
  5. Stanley v. ColtSupreme Court of the United States · 1867

5 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. Dickey v. VolkerSupreme Court of Missouri · 1928
  2. Crawfordsville Trust Co. v. Elston Bank & Trust Co.Indiana Supreme Court · 1940
  3. Wiegand v. the Barnes FoundationSupreme Court of Pennsylvania · 1953
  4. Geiger v. Simpson Methodist-Episcopal ChurchSupreme Court of Minnesota · 1928
  5. Lovelace v. Marion InstituteSupreme Court of Alabama · 1926

78 more not listed; retrieve them via the Exa API.

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