Chamberlain v. Stearns
Massachusetts Supreme Judicial Court
Bill in equity by the trustees under the will of David McClure for the instructions of the court upon the question whether a valid trust was created by a devise of land to them in fee, “ in trust to sell and convey the same as they shall see fit, at private or public sale, in parcels or altogether, and the proceeds safely to invest, and the income thereof and the principal from time to time to expend- solely for benevolent purposes in their discretion."
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Bill in equity by the trustees under the will of David McClure for the instructions of the court upon the question whether a valid trust was created by a devise of land to them in fee, “ in trust to sell and convey the same as they shall see fit, at private or public sale, in parcels or altogether, and the proceeds safely to invest, and the income thereof and the principal from time to time to expend- solely for benevolent purposes in their discretion." The bill alleged that the plaintiffs, since their appointment as such trustees, had been and were desirous to execute the trust so declared,…
1Opinion of the CourtGbay, J.
The question presented by this case is, whether a devise in trust, to be applied “ solely for benevolent purposes ” in the discretion of the trustees, creates a public charity. And we are all of opinion that it does not.
The word “benevolent,” of itself, without anything in the context to qualify or restrict its ordinary meaning, clearly includes not only purposes which are deemed charitable by a court of equity; but also any acts dictated by kindness, good "will or a disposition to do good, the objects of which have no relation to the promotion of education, learning or religion, the relief…
2Cases cited1 opinion
- Rotch v. EmersonMassachusetts Supreme Judicial Court · 1870
3Cited by41 opinions
- Nichols v. AllenMassachusetts Supreme Judicial Court · 1881
- Mitchell v. ReevesSupreme Court of Connecticut · 1938
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Thorp v. LundMassachusetts Supreme Judicial Court · 1917
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