McAlister v. Burgess
Massachusetts Supreme Judicial Court
Bill in equity, filed February 24,1893, by certain of the next of kin of Jane D. Royce, to have a bequest of the residue of her property' “ to the Evangelical Baptist Benevolent and Missionary Society, for the benefit of poor churches of the city of Boston and vicinity,” declared void as indefinite and uncertain, and as creating a trust contrary to the rule against perpetuities, and to have the executor directed to pay the residuary fund to the next of kin of the testatrix,…
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Bill in equity, filed February 24,1893, by certain of the next of kin of Jane D. Royce, to have a bequest of the residue of her property' “ to the Evangelical Baptist Benevolent and Missionary Society, for the benefit of poor churches of the city of Boston and vicinity,” declared void as indefinite and uncertain, and as creating a trust contrary to the rule against perpetuities, and to have the executor directed to pay the residuary fund to the next of kin of the testatrix, in accordance with the statute of distributions. The executor demurred to the bill, on the ground that the bequest was…
1Opinion of the CourtBarker, J.
By the residuary clause of her will the testatrix gives property, which is said to be about twenty thousand dollars in value, “ to the Evangelical Baptist Benevolent and Missionary Society, for the benefit of poor churches of the city of Boston and vicinity.” The respondent corporation of that name was chartered by St. 1857, c. 154, “ for the purpose of securing the constant maintenance in said Boston of evangelical preaching for the young and the destitute, with free seats; for the employment of colporteur and missionary laborers in Boston and elsewhere; for the purpose of providing suitable…
2Cases cited3 opinions
- Old South Society v. CrockerMassachusetts Supreme Judicial Court · 1875
- Baker v. FalesMassachusetts Supreme Judicial Court · 1820
- Sears v. ChapmanMassachusetts Supreme Judicial Court · 1893
3Cited by15 opinions
- Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
- BartlettMassachusetts Supreme Judicial Court · 1895
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Crawfordsville Trust Co. v. Elston Bank & Trust Co.Indiana Supreme Court · 1940
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