Richardson v. Essex Institute
Massachusetts Supreme Judicial Court
Two bills in equity for instructions, filed in the Probate Court for the county of Essex on October 15, 1909, respectively by the executors of the will of Eliza O. Ropes and by the administrators with the will annexed of Mary P. Ropes, both late of Salem and sisters. The petitioners alleged in substance that the Essex Institute declined to accept the trusts created by the following provisions in the wills, and sought instructions as to the disposition of the property.
Read the full summary
Two bills in equity for instructions, filed in the Probate Court for the county of Essex on October 15, 1909, respectively by the executors of the will of Eliza O. Ropes and by the administrators with the will annexed of Mary P. Ropes, both late of Salem and sisters. The petitioners alleged in substance that the Essex Institute declined to accept the trusts created by the following provisions in the wills, and sought instructions as to the disposition of the property. Material portions of the wills were as follows: * “ I give and bequeath to my sister ... all the property both real and…
1Opinion of the CourtMorton, J.
The principal question in these cases is whether the gifts constitute a public charity. The Essex Institute, which was named as trustee, has declined to accept the trust. But there is nothing to show that the continuance of the trust, if there is one, was in any way dependent on the acceptance of it by the Essex Institute. And it is well settled that in such a case a charity will not be allowed to fail for want of a trustee to administer it. Fellows v. Miner, 119 Mass. 541. Subbard v. Worcester Art Museum, 194 Mass. 280, 290.
There is another preliminary question. So far as these cases are…
2Cases cited4 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- BartlettMassachusetts Supreme Judicial Court · 1895
- Fellows v. MinerMassachusetts Supreme Judicial Court · 1876
- Hubbard v. Worcester Art MuseumMassachusetts Supreme Judicial Court · 1907
3Cited by22 opinions
- Briggs v. Merchants National BankMassachusetts Supreme Judicial Court · 1948
- City of Worcester v. New England Institute & New England School of Accounting, Inc.Massachusetts Supreme Judicial Court · 1957
- Assessors of Quincy v. Cunningham FoundationMassachusetts Supreme Judicial Court · 1940
- Dykeman v. JenkinesIndiana Supreme Court · 1913
- President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928
17 more not listed; retrieve them via the Exa API.