Legal Opinion

Bowden v. Brown

Massachusetts Supreme Judicial Court

Decided November 25, 1908PublishedCited by 30 opinions

Bill in equity, filed in the Probate Court for the county of Essex on October 2, 1908, by the trustees under the will of Sarah E. Goodwin, late of Lynn, for instructions as to the construction of the residuary clause of that will, which is quoted in the opinion.

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Bill in equity, filed in the Probate Court for the county of Essex on October 2, 1908, by the trustees under the will of Sarah E. Goodwin, late of Lynn, for instructions as to the construction of the residuary clause of that will, which is quoted in the opinion. In the Probate Court Harmon, J., made a decree that the plaintiffs should invest the residue of the estate and hold it so invested with its accumulations for the purposes named in the will, instead of paying it over to the next of kin of the testatrix. The defendants Annie S. Brown and others, claiming as the next of kin of the…

1Opinion of the CourtKnowlton, C. J.

Sarah E. Goodwin, late of Marblehead, deceased, after giving certain legacies in her will, provided as follows: “The remainder shall ... be given to the town of Marblehead toward the erection of a building that should be for the sick and poor, those without homes. I leave this in the hands of William S. Bowden, Mary G. Brown and William Reynolds of Marblehead.” This gift constitutes a public charity. Richardson v. Mullery, ante, 247, and cases cited. But by the terms of the will, it is to go to a designated donee, to be used for a specified purpose, for the benefit of a certain class of sick…

2Cases cited4 opinions

  1. Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
  2. Brown v. ConditNew Jersey Court of Chancery · 1905
  3. Bullard v. Inhabitants of ShirleyMassachusetts Supreme Judicial Court · 1891
  4. Gill v. Attorney GeneralMassachusetts Supreme Judicial Court · 1908

3Cited by30 opinions

  1. Dodge v. Anna Jaques HospitalMassachusetts Supreme Judicial Court · 1938
  2. Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
  3. Norris v. LoomisMassachusetts Supreme Judicial Court · 1913
  4. Bowditch v. Attorney GeneralMassachusetts Supreme Judicial Court · 1922
  5. Bank of California v. University of Southern CaliforniaCalifornia Court of Appeal · 1962

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