Legal Opinion

Attorney General v. Briggs

Massachusetts Supreme Judicial Court

Decided November 27, 1895PublishedCited by 17 opinions

Information in equity, filed June 2,1891, at the relation of the inhabitants of Fairhaven, against George A. Briggs, trustee of a fund created by the will of Abner Pease, deceased, the heirs and next of kin of said Pease, and the Male Overseers of the New Bedford Monthly Meeting of Friends, a corporation, praying that the court would declare and establish the trust created by the will to be a public charity, and to decree its enforcement; and that, if the trust could not be…

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Information in equity, filed June 2,1891, at the relation of the inhabitants of Fairhaven, against George A. Briggs, trustee of a fund created by the will of Abner Pease, deceased, the heirs and next of kin of said Pease, and the Male Overseers of the New Bedford Monthly Meeting of Friends, a corporation, praying that the court would declare and establish the trust created by the will to be a public charity, and to decree its enforcement; and that, if the trust could not be specifically carried out according to the directions of the will, the same might be decreed to be executed as nearly as…

1Opinion of the CourtKnowlton, J.

The will of Abner Pease contains a provision as follows: “ After the decease of my wife, or when she ceases to be my widow, I give to my said executors during their lives, or the life of the survivor, and after their decease, or should they decline the trust, to the selectmen of Fairhaven in trust, and to their successors in that office, as a fund forever, five thousand dollars, the income of which to be appropriated for the purpose of supporting a school in school district No. 19 in said Fair-haven, called the Pease District. This sum is in addition to a lot of land and schoolhouse thereon…

2Cases cited5 opinions

  1. Russell v. AllenSupreme Court of the United States · 1883
  2. Weeks v. HobsonMassachusetts Supreme Judicial Court · 1890
  3. Sears v. ChapmanMassachusetts Supreme Judicial Court · 1893
  4. Second Religious Society v. HarrimanMassachusetts Supreme Judicial Court · 1878
  5. Birchard v. ScottSupreme Court of Connecticut · 1872

3Cited by17 opinions

  1. Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
  2. Lackland v. WalkerSupreme Court of Missouri · 1899
  3. Rogers v. Attorney GeneralMassachusetts Supreme Judicial Court · 1964
  4. City of Boston v. DoyleMassachusetts Supreme Judicial Court · 1903
  5. Richardson v. MulleryMassachusetts Supreme Judicial Court · 1908

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