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Proprietors of the Church in Brattle Square v. Grant
Massachusetts Supreme Judicial Court
69 Mass. (3 Gray) 142 (1855)
- Written by Sean Carroll, JD
Facts
In her will, Lydia Hancock left her real property to the Church of Christ in Brattle Square so long as the minister of the church lived in the house. The will provided that if the church could not carry out this condition, the property would go to her nephew, John Hancock. The will also left the residue of Lydia’s estate to John. Lydia died in 1777. John died in 1793. Approximately 75 years after Lydia died, the church’s proprietors (plaintiffs) filed a petition in court seeking permission to sell the property.
Rule of Law
Issue
Holding and Reasoning (Bigelow, J.)
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