Town of Brookline v. Barnes

In the fifteenth clause of his will Stephen G. Train (who was a resident of Brookline at the time of his death on May 6, 1920) bequeathed the residue of his estate “to the town of Brookline as a fund or part of a fund for the purpose of establishing and maintaining a public general hospital in the town, the income from the same, until the establishment of such a hospital, to be used for the relief of sickness among the poor.” We held in 324 Mass. 632 that the action of the town with respect to the bequest was not an acceptance of it, but we were of opinion that the testator had a general…