State ex rel. Trustees of the Methodist Episcopal Church v. Warren
Court of Appeals of Maryland
Appeal from the Circuit Court for Queen Anne’s County. Mary E. A. Reed, of Caroline county, bequeathed a moiety ©f the residue of her estate, left after payment of debts, costs ©f administration and certain specific and pecuniary legacies, to “the Methodist Episcopal Church at Greensborough.”
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Appeal from the Circuit Court for Queen Anne’s County. Mary E. A. Reed, of Caroline county, bequeathed a moiety ©f the residue of her estate, left after payment of debts, costs ©f administration and certain specific and pecuniary legacies, to “the Methodist Episcopal Church at Greensborough.” Shortly after her death, letters testamentary wore granted by the Orphans’ Court of Caroline county to the executor, Charles Warren, of Delaware, who with the other defendants, citizens of the same State, and Parran Taylor, of Caroline county, Maryland, who died previously to the institution of this…
1Opinion of the CourtMiller, J.
This is a suit at law, upon an executor’s bond to recover a bequest of a moiety of the residue of her personal estate, made by the testatrix, Mary E. A. Reed, “ to the Methodist Episcopal Church at G-reensborough.” By the pleadings, upon which alone the case is before us, it is admitted that at the time the will took effect, this church was not incorporated, but that since the death of the testatrix it became incorporated under the provisions of the Act of 1802, ch. 111. As a general rule it is clear that a bequest or devise to an unincorporated association is void, and it is only by virtue…
2Cases cited7 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Dashiell v. Attorney GeneralCourt of Appeals of Maryland · 1822
- Brewster v. McCall's deviseesSupreme Court of Connecticut · 1842
- Blackburn v. CraufurdCourt of Appeals of Maryland · 1864
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- Curtis v. Maryland Baptist Union Ass'nCourt of Appeals of Maryland · 1939
- Inasmuch Gospel Mission, Inc. v. Mercantile Trust Co.Court of Appeals of Maryland · 1945
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