Higginson v. Turner
Massachusetts Supreme Judicial Court
Bill in equity, by Henry L. Higginson and six others, all of Boston, against the treasurer of the city of Boston and the city of Boston, to obtain possession of a certain trust fund.
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Bill in equity, by Henry L. Higginson and six others, all of Boston, against the treasurer of the city of Boston and the city of Boston, to obtain possession of a certain trust fund. The bill alleged that Benjamin Franklin, in a codicil to his will duly proved in Philadelphia, in the State of Pennsylvania, in 1790, provided as follows: “ I devote Two thousand Pounds Sterling, which I give, one thousand thereof to the Inhabitants of .the Town of Boston, in Massachusetts, and the other thousand to the Inhabitants of the City of Philadelphia, in Trust to and for the Uses, Interests, and Purposes…
1Opinion of the CourtAllen, J.
There can be no doubt that the title to the fund now in question was at the outset in the town of Boston. The gift was to the inhabitants of the town, in trust for the purposes specified, and was to be accepted by them. It is afterwards spoken of in the codicil as the donation to the town of Boston, and again as the donation to the inhabitants of Boston.
It is now well settled that a town may, in its. corporate capacity, accept a gift of real or personal estate left to it in trust for charitable purposes, and may act as trustee and execute the trust. Drury v. Natick, 10 Allen, 169, 182. Webb…
2Cases cited7 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Mobile v. WatsonSupreme Court of the United States · 1886
- Broughton v. PensacolaSupreme Court of the United States · 1876
- Shapleigh v. San AngeloSupreme Court of the United States · 1897
- Girard v. PhiladelphiaSupreme Court of the United States · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
- Codman v. CrockerMassachusetts Supreme Judicial Court · 1909
- McKevitt v. City of SacramentoCalifornia Court of Appeal · 1921
- City of Boston v. DoyleMassachusetts Supreme Judicial Court · 1903
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
19 more not listed; retrieve them via the Exa API.