Sheldon v. Town of Stockbridge
Supreme Court of Vermont
Bill for the construction of a will by the executors. Heard at the December term, 1893, Windsor county. Thompson, Chancellor, decreed, among other things, that the town of Stockbridge was entitled to the bequests given to it by the will. The heirs of Whitcomb appeal.
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Bill for the construction of a will by the executors. Heard at the December term, 1893, Windsor county. Thompson, Chancellor, decreed, among other things, that the town of Stockbridge was entitled to the bequests given to it by the will. The heirs of Whitcomb appeal. Those portions of the will material to the questions considered are as follows: “I give the town of Stockbridge, in Vermont, one thousand dollars, to be invested in good real estate security; one-half of the interest of said thousand dollars shall be expended yearly on my lot in the cemetery at Stockbridge common in cultivating…
1Opinion of the CourtTaft, J.
There are six points made in the brief in behalf of the defendants Whitcomb.
I. That the cemetery bequest is void for the reason that *302it is subjected to a condition precedent, which- cannot be performed. The testator gives the town one thousand dollars, directing that the interest be expended annually; one-half in cultivating flowers on his burial lot in the cemetery at Stockbridge common, improving and beautifying it, the other half in fencing, improving and beautifying the cemetery.
The condition annexed to the bequest reads :
“In accepting this gift of a thousand dollars, the town of…
2Cases cited4 opinions
- Executors of Burr v. SmithSupreme Court of Vermont · 1835
- Button v. American Tract SocietySupreme Court of Vermont · 1851
- Clement v. HydeSupreme Court of Vermont · 1878
- McAllister v. McAllister's HeirsSupreme Court of Vermont · 1873
3Cited by3 opinions
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
- Chapman v. NewellSupreme Court of Iowa · 1910
- Bell v. NesmithMassachusetts Supreme Judicial Court · 1914