Ware v. City of Fitchburg
Massachusetts Supreme Judicial Court
Bill ih equity, inserted in a common law writ of fhe Supreme Judicial Court dated May 26,1908, by the trustees under the will of Gardner S. Burbank, late of Fitchburg, against the city of Fitchburg and the Burbank Hospital, a corporation created by St. 1890, c. 422, praying, 1, that the plaintiffs might be granted the advice and aid of the court in the execution of the trusts with which they were charged, and, 2, that the defendants might be ordered to interplead and settle…
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Bill ih equity, inserted in a common law writ of fhe Supreme Judicial Court dated May 26,1908, by the trustees under the will of Gardner S. Burbank, late of Fitchburg, against the city of Fitchburg and the Burbank Hospital, a corporation created by St. 1890, c. 422, praying, 1, that the plaintiffs might be granted the advice and aid of the court in the execution of the trusts with which they were charged, and, 2, that the defendants might be ordered to interplead and settle between themselves their .rights in respect of the trust fund created under the will of Gardner S. Burbank for the…
1Opinion of the CourtSheldon, J.
In order to understand rightly the provisions of St. 1890, c. 422, it is necessary to have in mind the circumstances under which that act was passed.
Gardner S. Burbank, by his last will, had bequeathed the residue of his estate, subject to the contingency of his daughter’s leaving children and to certain conditions stated in his will and codicils, to the city of Fitchburg for the founding and maintaining of a hospital. The result of this disposition was of course, upon the taking effect of the legacy, to create a charitable trust. *67Burbank v. Burbank, 152 Mass. 254, 255, 256. Jackson v.…
2Cases cited20 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889
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3Cited by16 opinions
- City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Attorney General v. TillinghastMassachusetts Supreme Judicial Court · 1909
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