Church & Congregational Society v. Hatch
Supreme Court of New Hampshire
This is a suit in equity brought by the Church and Congregational Society in Greenland against Albert R. Hatch, administrator of the estate of Francis March, late of New York, deceased, to recover a legacy under the will of said March, dated December 17, 1855, the testator having died in the autumn of 1858. The bill alleges that the will was duly proved and allowed in New York, November 1, 1858, and a copy duly authenticated, filed and recorded in the probate office of the…
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This is a suit in equity brought by the Church and Congregational Society in Greenland against Albert R. Hatch, administrator of the estate of Francis March, late of New York, deceased, to recover a legacy under the will of said March, dated December 17, 1855, the testator having died in the autumn of 1858. The bill alleges that the will was duly proved and allowed in New York, November 1, 1858, and a copy duly authenticated, filed and recorded in the probate office of the county of Rockingham, and the said Hatch was appointed administrator with the will annexed by the Judge of Probate on the…
1Opinion of the CourtBellows, J.
It is urged by the defendant that this bequest is void for uncertainty; that it is in effect to the Congregational Church, or to the Congregational Society, in Greenland; and that, as there are two distinct bodies or associations bearing those names, it is impossible to determine which shall take.
In determining this question it may be useful to consider the character of the two bodies. From the examination of the records which are in the case, it appears that the Congregational Society in Greenland was organized in March 1831, under the act of July 3, 1827, and for aught we can see the…
2Cases cited2 opinions
- Smith v. SmithNew York Court of Chancery · 1833
- Hannah Townsend v. DownerSupreme Court of Vermont · 1851