Legal Opinion

Smith v. Nelson

Supreme Court of Vermont

Decided March 15, 1846PublishedCited by 29 opinions

Appeal from the court of chancery. The orator alleged in his bill, that, so long ago as the year 1790, divers persons, residing in Ryegate and its vicinity, formed themselves into a voluntary association, by the name of the Associate Congregation of Ryegate, for the purpose, among other things, of promoting the preaching the gospel and hiring and supporting a minister in Ryegate; that the society then organized by electing sundry officers, viz., a moderator, clerk, treasurer…

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Appeal from the court of chancery. The orator alleged in his bill, that, so long ago as the year 1790, divers persons, residing in Ryegate and its vicinity, formed themselves into a voluntary association, by the name of the Associate Congregation of Ryegate, for the purpose, among other things, of promoting the preaching the gospel and hiring and supporting a minister in Ryegate; that the society then organized by electing sundry officers, viz., a moderator, clerk, treasurer and collector, and have from year to year, ever since that time, kept up their organization by holding meetings and…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

This is an appeal from the decision of the chancellor in the fourth judicial circuit. The facts, so far as is necessary to show the grounds of our decision, are as follows :

William Nelson, late of Ryegate, made his last will and testament *541on the thirtieth day of September, 1830, and, among other bequests therein, was the following : — “As a testimony of my gratitude to the giver of every good and perfect gift, I farther will and devise the sum of one hundred and fifty.dollars, as a donation to ‘ The Associate Congregation of Ryegate,’…

2Cases cited3 opinions

  1. Dash v. Van KleeckNew York Supreme Court · 1811
  2. Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
  3. Baker v. FalesMassachusetts Supreme Judicial Court · 1820

3Cited by29 opinions

  1. Mike Allmand v. Jon PavleticTennessee Supreme Court · 2009
  2. Wilcox v. Supreme Council of Royal ArcanumNew York Court of Appeals · 1914
  3. White Lick Quarterly Meeting of Friends v. White Lick Quarterly Meeting of FriendsIndiana Supreme Court · 1883
  4. Fadness v. BraunborgWisconsin Supreme Court · 1889
  5. Underhill v. Santa Barbara Land, Building, & Improvement Co.California Supreme Court · 1892

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