Attorney General v. Butler
Massachusetts Supreme Judicial Court
Information in equity by the Attorney General, at the relation of the inhabitants of the town of Douglas, alleging that Ezekiel Wood, a wealthy and benevolent citizen of the town, having at heart the interest of education, in 1849, signed and delivered to Albert Butler and others, all of Douglas and known as and called the trustees of the high school in Douglas, the following agreement in writing: “ Douglas, Mass., Nov. 13th 1849. For value received I promise and agree shall…
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Information in equity by the Attorney General, at the relation of the inhabitants of the town of Douglas, alleging that Ezekiel Wood, a wealthy and benevolent citizen of the town, having at heart the interest of education, in 1849, signed and delivered to Albert Butler and others, all of Douglas and known as and called the trustees of the high school in Douglas, the following agreement in writing: “ Douglas, Mass., Nov. 13th 1849. For value received I promise and agree shall be paid out of my estate to the trustees of the high school in Douglas or their successors in office the sum of five…
1Opinion of the CourtGray, C. J.
This case has no merits. The money was given to “ the trustees of the High School in Douglas or their successors in office,” “ to be applied by said trustees to the advancement of education in said high school.” The meaning of “high school ” is well settled, in the laws and usages of the Commonwealth, to be a school in which higher branches of learning are taught than in the common schools. See Gen. Sts. c. 38, §§ 2, 3. The object of the testator was declared in general terms to be the advancement of such education in the town in which he lived, but he left the manner in which the fund should…
2Cited by6 opinions
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- Boston Safe Deposit & Trust Co. v. StrattonMassachusetts Supreme Judicial Court · 1927
- Attorney General v. ParkerMassachusetts Supreme Judicial Court · 1879
- Sarkeys v. INDEPENDENT SCH. DIST. NO. 40, ETC.Supreme Court of Oklahoma · 1979
- McQuesten v. Attorney GeneralMassachusetts Supreme Judicial Court · 1905
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