Legal Opinion

Rotch v. Emerson

Massachusetts Supreme Judicial Court

Decided October 15, 1870PublishedCited by 34 opinions

Bill in equity, filed August 17, 1870, by the executors of the will of James Arnold, praying for instructions. The case, as it appeared from the bill and answers, on which it was reserved for the determination of the full court, was as follows : The testator died December 3, 1868, leaving a will by which he gave a certain sum “to George B. Emerson, John J. Dixwell and Francis E. Parker, in trust, to be by them applied for the promotion of agricultural or horticultural…

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Bill in equity, filed August 17, 1870, by the executors of the will of James Arnold, praying for instructions. The case, as it appeared from the bill and answers, on which it was reserved for the determination of the full court, was as follows : The testator died December 3, 1868, leaving a will by which he gave a certain sum “to George B. Emerson, John J. Dixwell and Francis E. Parker, in trust, to be by them applied for the promotion of agricultural or horticultural improvements, or other philosophical or philanthropic purposes, at their discretion, and to provide for the continuance of…

1Opinion of the CourtWells, J.

1. The gift to trustees, “ to be by them applied for the promotion of agricultural or horticultural improvements, or other philosophical or philanthropic purposes at their discretion,” can be sustained only as a charitable bequest. What constitutes a charity, in a legal sense, has been so fully considered in several recent cases as to leave no occasion for further discussion at this time. Odell v. Odell, 10 Allen, 1. Drury v. Natick, 10 Allen, 169. Saltonstall v. Sanders, 11 Allen, 446. Jackson v. Phillips, 14 Allen, 539. The question to be decided in the present case is, *433whether the…

2Cited by34 opinions

  1. Estate of HinckleyCalifornia Supreme Court · 1881
  2. Boston Chamber of Commerce v. Assessors of BostonMassachusetts Supreme Judicial Court · 1944
  3. In Re Proving the Will of FraschNew York Court of Appeals · 1927
  4. Wilson v. FlowersSupreme Court of New Jersey · 1971
  5. Chamberlain v. StearnsMassachusetts Supreme Judicial Court · 1873

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