Cary Library v. Bliss
Massachusetts Supreme Judicial Court
Petition, filed March 2, 1889, for a writ of mandamus, brought by the Cai’y Library, a corporation organized under the St. of 1888, c. 342,* to compel a minority of the trustees of a library of the same name in the town of Lexington to deliver to the petitioner all the funds, books, and other property in their possession as such trustees. The case was heard by Knowlton, J., who reported it for the consideration of the full court, in substance as follows.
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Petition, filed March 2, 1889, for a writ of mandamus, brought by the Cai’y Library, a corporation organized under the St. of 1888, c. 342,* to compel a minority of the trustees of a library of the same name in the town of Lexington to deliver to the petitioner all the funds, books, and other property in their possession as such trustees. The case was heard by Knowlton, J., who reported it for the consideration of the full court, in substance as follows. In 1867 Maria Cary addressed to the selectmen of Lexington the following letter, signed by her: “Brooklyn, N. Y., December 10, 1867. To the…
1Opinion of the CourtKnO'WLTON, J.
The foundation of the Cary Library in Lexington was a gift of a thousand dollars, made by Maria Cary in accordance with the terms of her letter of December 10,1867. Upon compliance by the town with the condition named in the letter, her gift was to go to the inhabitants of the town, to be held by a board of trustees consisting of the selectmen and the school committee of the town for the time being, and the settled ministers of the place, who were to invest it, and expend the accruing interest in their best discretion for such books as they should deem suitable for the library, and were to…
2Cases cited12 opinions
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