Fay v. Inhabitants of Milford
Massachusetts Supreme Judicial Court
Bill in equity to enforce a trust. Hearing, upon the pleadings and the report of a master, before JEndieott, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtEndicott, J.
A burial-ground in the town of Milford having become unsuitable for the burial of the dead, the town in 1859 decided to abandon it, and purchased another tract of land for burial purposes. A portion of the old burial-ground had been divided into lots, many of which had been sold or otherwise set apart to inhabitants of the town; and the town voted to give, “ in exchange, lots in the new cemetery free of expense to those holding lots in the old.” Provision was also made for removal of the dead. Portions of the old burial-ground were afterwards sold, and some of it was appropriated by the town…
2Cited by2 opinions
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Whiting Paper Co. v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1931