Davis v. Inhabitants of Barnstable
Massachusetts Supreme Judicial Court
Bill in equity, for instructions as to the disposition of the income of a trust fund given by the will of Enoch T. Cobb. Knowlton, J. reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
There can be no question that the gift in this case is for a charitable use, and that the town may properly take it. The fund is given for the benefit of the town of Barnstable, and the income is to be “ applied, under the direction of the town *225of Barnstable, to the support of public schools in said town, in such way as the town shall judge best.” The testator desires that the income shall “ be applied to providing school books for the public schools, unless it shall appear to the town that it can be applied in some more profitable and beneficial way.” The purpose of the gift is to promote…
2Cases cited3 opinions
- Cary Library v. BlissMassachusetts Supreme Judicial Court · 1890
- Cobb v. RiceMassachusetts Supreme Judicial Court · 1881
- Stone v. ReedMassachusetts Supreme Judicial Court · 1890
3Cited by3 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Dillaway v. BurtonMassachusetts Supreme Judicial Court · 1926
- Sears v. ChapmanMassachusetts Supreme Judicial Court · 1893