Caroline S. Rogers & Others v. Attorney - Supreme Judicial Court of Massachusetts

Caroline S. Rogers & Others v. Attorney

By Supreme Judicial Court of Massachusetts

  • Release Date - Published: 1964-03-04
  • Book Genre: Law
  • Author: Supreme Judicial Court of Massachusetts
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Caroline S. Rogers & Others v. Attorney Supreme Judicial Court of Massachusetts read online review & book description:

Where facts admitted in the pleadings, and those contained in a statement of agreed facts on which a Judge of the Probate Court had written ""the facts set forth herein are found to be the facts in the within case,"" were all the material facts, there was a case stated, and upon appeal from the final decree this court could draw any proper inferences and decide the case unaffected by the decision of the Judge. [130-131] The will of an elderly, single woman with the surname Johnson, devising her old family homestead in North Andover in trust ""as now owned by me, to establish a home for aged women of said town, to be called 'The Johnson Home for Aged Women,"" bequeathing to the trustees a certain sum ""to help support, and finish furnishing the house,"" stating a ""request"" that ""no women under sixty-five years of age, or who smokes or drinks be admitted as a member,"" giving to the trustees ""for said home"" many of its furnishings, and containing no gift over in the event that the trust should fail although there was a general residuary clause naming the testatrix's closest relatives as residuary legatees, revealed a general charitable intent on the part of the testatrix when considered in the light of its language as a whole and of the circumstances relevant to the homestead; and, where it appeared many years after the testatrix's death that the homestead was in nearly total disrepair, that the Johnson Home had never been established, and that it was impracticable to establish it because of inadequate funds, the trustees should present a plan to apply the trust cy pres, with some formal recognition given to the Johnson family. [127-128, 132-134]

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