9 Mass. 501 | Mass. | 1813
This was a vested remainder in the minister and wardens of the King’s Chapel church, in trust for certain uses specified in Mr. Price’s will, with a contingent remainder over to the minister and wardens of Trinity church; and it was a remainder vested in a corporation capable of taking.
The proprietors of the pews in churches constitute the parishes in Boston, and several other of our seaport towns. Parishes have secured to them, by the declaration of rights, the election and appointment of their ministers or public instructors. Mr. Freeman
[This case is not well reported. By the will, it appears that the remainder in fee was devised to the rector and wardens of the King’s Chapel, and their successors in office, for certain uses, provided they should signify their acceptance thereof in writing, in the manner therein set forth; and, in case of non-acceptance by said rector and wardens, (and there was no proof that they had so accepted.) to the rector and wardens of Trinity church, to the like uses. It is quite clear, therefore, that there was no vested remainder, in this case, in the said rector and wardens of the King’s Chapel. See the record of the proceedings in the case of The Rector and Wardens of Trinity Church vs. Stodder & Al., S. J. Courts Suffolk, 1828. — Ed.]