Proprietors of the Church in Brattle Square v. Grant
Massachusetts Supreme Judicial Court
Bill in equity by the Proprietors of the Church in Brattle Square, praying for leave to sell the parsonage house in Court Street, held by them under the following devise in the will of Lydia Hancock: “ I give and bequeath unto Messrs.
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Bill in equity by the Proprietors of the Church in Brattle Square, praying for leave to sell the parsonage house in Court Street, held by them under the following devise in the will of Lydia Hancock: “ I give and bequeath unto Messrs. Timothy Newell, Isaac Smith and Ebenezer Storer, present deacons of the Church of Christ in Brattle Street in Boston, whereof the Rev. Mr. Samuel Cooper is minister, and to their successors in that office, all that brick dwelling-house and land situated in Queen Street, lately improved by my honored father, Daniel Henchman, Esquire, as his mansion house, to hold…
1Opinion of the CourtBigelow, J.
The interesting and important questions in» valved in the present case are now for the first time brought to our consideration. In a suit in equity between the same parties, which was pending several years ago in this court, we were not called upon to give any construction to the clause in the will of Lydia Hancock, under which the deacons of the church in Brattle Square and their successors hold the estate now in controversy. The object of that suit was widely different from that of the present. The plaintiffs then assumed, by implication, that they were bound by the “ condition and…
2Cases cited4 opinions
- Miller v. MacombNew York Supreme Court · 1841
- Welsh v. FosterMassachusetts Supreme Judicial Court · 1815
- Tator v. TatorNew York Supreme Court · 1848
- Ferris v. GibsonNew York Court of Chancery · 1846
3Cited by13 opinions
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Beverlin v. First National BankSupreme Court of Kansas · 1940
- City National Bank v. City of BridgeportSupreme Court of Connecticut · 1929
- Pennsylvania Horticultural Society v. CraigSupreme Court of Pennsylvania · 1913
- Continental Cablevision of New England, Inc. v. United Broadcasting Co.Court of Appeals for the Fourth Circuit · 1989
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