Brooke v. Shacklett
Supreme Court of Virginia
By deed bearing date the 3d day of J une 1842, John C. Davis and wife, in consideration of ninety dollars, conveyed to Benjamin Brooke, George W. Shacklett and three others, a lot in the town of Salem in the county of Fauquier, upon the following trusts: In trust that they shall erect and build, or cause to be erected and built thereon, a house or place of worship for the use of the members of the Methodist Episcopal church in the United States of America, according to the…
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By deed bearing date the 3d day of J une 1842, John C. Davis and wife, in consideration of ninety dollars, conveyed to Benjamin Brooke, George W. Shacklett and three others, a lot in the town of Salem in the county of Fauquier, upon the following trusts: In trust that they shall erect and build, or cause to be erected and built thereon, a house or place of worship for the use of the members of the Methodist Episcopal church in the United States of America, according to the rules and discipline which from time to time may be agreed upon and adopted by the ministers and preachers of the said…
1Opinion of the CourtDaniel, J.
delivered his opinion in the case of Brooke v. Shacklett, but it applies equally to both cases :
In the case of Gallego's ex'ors v. Attorney General, 3 Leigh 450, decided by this court in 1832, it was held that the courts of chancery in this state had ho jurisdiction to enforce devises and bequests to religious societies or congregations. The court said, that as the statute of charitable uses, 43 Eliz. under which alone such vague bequests could be established, if ever in force in Virginia, had been repealed in 1792, in the general repeal of English statutes, charitable bequests were to be…
2Cited by25 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Wade v. Hancock & AgeeSupreme Court of Virginia · 1882
- Wilson v. PerryWest Virginia Supreme Court · 1886
- P. Episcopal E. Society v. Churchman's Reps.Supreme Court of Virginia · 1885
- Hays v. HarrisWest Virginia Supreme Court · 1913
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