Inhabitants of the First Parish v. Cole
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandants counted upon their own seisin within thirty years and a disseisin by the tenant. Trial was had before Putnam J. upon the general issue. It appeared that John Cole, by his last will, dated in February 1807, and proved in July following, devised the land in question, “ to the South Parish of Sutton, to be applied for the use of schools, and to be kept by the inhabitants for ever.”
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This was a writ of entry, in which the demandants counted upon their own seisin within thirty years and a disseisin by the tenant. Trial was had before Putnam J. upon the general issue. It appeared that John Cole, by his last will, dated in February 1807, and proved in July following, devised the land in question, “ to the South Parish of Sutton, to be applied for the use of schools, and to be kept by the inhabitants for ever.” The South Parish, and the First Parish in Sutton, mean the . , same parish. To prove an entry under the devise, the demandants offered in evidence a- book purporting…
1Opinion of the Court
The opinion of the Court was read as drawn up by
Parker C. J.
The legal existence of the demandants as *237a corporation by the name under which they have sued, does not appear to be denied, and no objection has been made, in the course of the able argument by the counsel for the tenant, to the denomination of the parish in the devise, though no parish existed with the legal name therein given. The authorities are all clear and consistent, to show that the intention of the testator in a devise or bequest will not be frustrate i by a mistake in the name or description of the object of his bounty.…
2Cases cited1 opinion
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