Amory v. Attorney General
Massachusetts Supreme Judicial Court
Bill for instructions by the trustees under the will of Jeanne Philomene Amory, late of Braintree, filed November 18, 1899. The instructions prayed for related to the disposition of certain real estate in Braintree called Seven Oaks held by the plaintiffs for the charitable trust set forth in the will.
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Bill for instructions by the trustees under the will of Jeanne Philomene Amory, late of Braintree, filed November 18, 1899. The instructions prayed for related to the disposition of certain real estate in Braintree called Seven Oaks held by the plaintiffs for the charitable trust set forth in the will. The case came on to be heard before Hammond, J., who made the following decree: “ That the trust upon which the testatrix, Jeanne Philomene Amory, mentioned in the bill of complaint in this case, devised to the plaintiffs as trustees, the real estate called Seven Oaks, therein mentioned, is a…
1Opinion of the CourtHolmes, C. J.
The first question raised in this case is whether the trust created by the will and codicil is a good charitable trust and has not failed. It is not disputed that the object declared in the will is a good charity. Plainly it is. Then the codicil cancels everything in the will “ which limits the charitable uses to which my Real Estate and other property in Braintree shall be put by the beneficiaries,” and now directs “ that said beneficiaries may use such Estate and the Income of the Trust Fund, for all and any such purposes as shall be approved and sanctioned by the Trustees holding for…
2Cases cited3 opinions
- Stanley v. ColtSupreme Court of the United States · 1867
- Weeks v. HobsonMassachusetts Supreme Judicial Court · 1890
- Sherman v. Congregational Home Missionary SocietyMassachusetts Supreme Judicial Court · 1900
3Cited by19 opinions
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- Richards v. WilsonIndiana Supreme Court · 1916
- Rogers v. Attorney GeneralMassachusetts Supreme Judicial Court · 1964
- Thornton v. Franklin Square HouseMassachusetts Supreme Judicial Court · 1909
- City of Boston v. DoyleMassachusetts Supreme Judicial Court · 1903
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