[DOWNLOAD] "Curtis v. First Church Charlestown" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Curtis v. First Church Charlestown
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 04, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
RUGG, Chief Justice. This is a petition for instructions brought by the administrator with the will annexed of the estate of Mary D. Balfour, late of Boston. The testatrix died and her will was duly allowed in 1904. The residue of her estate was given to trustees upon trusts which have recently terminated. In the events which have come to pass, the remainder is to be divided among four institutions. The controversy relates to the institution entitled to receive one of these shares. One of these institutions was variously described in the residuary clause as 'The First Church in Charlestown,' 'The First Parish Church in Charlestown,' 'the said First Parish Church in Charlestown,' 'said First Parish Church in Charlestown' and 'said First Parish Church.' By an earlier clause of the will (being paragraph 4) gifts were made to 'the First Parish Church in Harvard Square, Charlestown,' of the testatrix' 'pew in said church' and of two sums of money, one to be divided equally between the Sunday School and a missionary society 'connected with said church.' The particular clause of the will as to which instructions are required is in paragraph 15 and is of the tenor following: 'Of all sums herein given from the Trust Fund to said First Parish Church, the income only thereof is to be used for paying its pastor's salary and for ringing the chime of bells on said church, in such proportions as its church officers may determine, and in case said church shall be discontinued or cease to maintain public worship as a separate and distinct organization, then said sums shall vest in and be paid to the Abbots Academy at Andover, Massachusetts.' The issue is whether upon the record this share in the residue is payable to The First Church in Charlestown or to Abbot Academy of Andover. The case was heard on documentary evidence and oral testimony, all reported so far as material to the issues here raised. Cook v. Howe, 280 Mass. 325, 327, 182 N.E. 581. The trial Judge entered a final decree instructing the petitioner to pay the share to Abbot Academy of Andover. He made no findings of material facts. The First Church in Charlestown appealed from the final decree.