Old South Society v. Crocker
Massachusetts Supreme Judicial Court
The eibst case was a bill in equity by the Old South Society against Uriel Crocker, Osmyn Brewster, David Buck, Jacob Dresser, Joseph Ballard, Simon G. Cheever, E. C. Milliken, Harriet Gray, Ellen Gray, Elizabeth Coverly, Mercy Jellison and Abigail Armstrong, members of said society, alleging as follows: On or before April 1, 1669, Captain Thomas Savage, William Davis and others joined themselves together and formed a “ church of Christ,” for the purpose of the public…
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The eibst case was a bill in equity by the Old South Society against Uriel Crocker, Osmyn Brewster, David Buck, Jacob Dresser, Joseph Ballard, Simon G. Cheever, E. C. Milliken, Harriet Gray, Ellen Gray, Elizabeth Coverly, Mercy Jellison and Abigail Armstrong, members of said society, alleging as follows: On or before April 1, 1669, Captain Thomas Savage, William Davis and others joined themselves together and formed a “ church of Christ,” for the purpose of the public religious worship of God in the town of Boston, with the purpose to erect a meeting-house, wherein the said church might…
1Opinion of the CourtWells, J.
We find no public charity created by either of the three instruments under which title to the premises in question was derived from Mary Norton.
By her deed of April 1, 1669, the legal estate in the land therein described passed to and became vested in the ten persons named as grantees. A trust was declared, however, the beneficiaries of which were the grantees themselves with “ such as they should associate to themselves.” The further limitation to “ their heirs and successors ” indicates that the grantor contemplated a permanence of association of the cestuis que trust, and intended to…
2Cited by54 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Assessors of Boston v. Garland School of Home MakingMassachusetts Supreme Judicial Court · 1937
- Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
- City of Bangor v. Rising Virtue Lodge, No. 10Supreme Judicial Court of Maine · 1882
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