Norris v. Loomis
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Middlesex on May 23, 1912, by the executor of the will of Frances F. Tabor for instructions. On appeal, the case came on to be heard before De Courcy, J., who reserved it upon the pleadings and an agreed statement of facts for determination by the full court. Frances F. Tabor was a widow. She died on December 26,1909, leaving as her only heirs atlaw and next of kin thirteen first cousins.
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Bill in equity, filed in the Probate Court for the county of Middlesex on May 23, 1912, by the executor of the will of Frances F. Tabor for instructions. On appeal, the case came on to be heard before De Courcy, J., who reserved it upon the pleadings and an agreed statement of facts for determination by the full court. Frances F. Tabor was a widow. She died on December 26,1909, leaving as her only heirs atlaw and next of kin thirteen first cousins. Her will was dated May 1, 1902. A codicil, in which she ratified the will except as to the appointment of executors, was dated December 19, 1909.…
1Opinion of the CourtRugg, C. J.
There is no doubt, under the general principles of charitable trusts, of the validity of the provisions of the will of the testatrix for the establishment of an “Old Folks Home, both male and female, of Evangelical Creed.” The relief of the poor of a particular church and the amelioration of the condition of the aged of a specified religious belief is a charitable use. Even though the gift is limited to a certain class, the number to be benefited is indefinite and the purpose has always been regarded as charitable. Attorney General v. Old South Society, 13 Allen, 474. Sohier v. Burr, 127…
2Cases cited10 opinions
- Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
- Little v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Bowden v. BrownMassachusetts Supreme Judicial Court · 1908
- Sears v. Attorney GeneralMassachusetts Supreme Judicial Court · 1907
- Masonic Education & Charity Trust v. City of BostonMassachusetts Supreme Judicial Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- City of Houston v. Scottish Rite Benevolent Ass'nTexas Supreme Court · 1921
- Rogers v. Attorney GeneralMassachusetts Supreme Judicial Court · 1964
- Jones' Unknown Heirs v. DorchesterCourt of Appeals of Texas · 1920
- Attorney General v. City of LowellMassachusetts Supreme Judicial Court · 1923
24 more not listed; retrieve them via the Exa API.