First Baptist Society in Andover v. Hazen
First Baptist Society in Andover v. Hazen
Opinion of the Court
This being a writ of entry, it is necessary for the demandants to prove that the legal title to the demanded premises is in them. They cannot maintain such an action on the ground of a mere beneficial interest as cestuis que trust. They claim title under a deed of Benjamin Abbott and Jeremiah Goldsmith “to Silas Richardson, Treasurer of the Society, and his successors in office,” expressed to be in trust, the special trust being particularly set forth. But as the treasurership is not a corporation, the legal title did not vest in the successors of Richardson. Newhall v. Wheeler, 7 Mass. 189. Nor would any title vest in his heirs, they not being named as grantors, and therefore the legal estate would be merely in him for life, unless something in the character of the trust required its longer continuance. When a trust is created, a legal estate sufficient for the execution of the trust is implied, if possible; but the legal estate shall not be carried further than the ample execution of the trust requires. Lewin on Trusts, (5th ed.) 175. Cleveland v. Hallett, 6 Cush. 403. But it is not necessary to consider what the trust required in this case ; for the plaintiffs would be mere cestuis que trust, and not trustees, and therefore could not maintain this action under any construction of the trust. This is the result to which we must come if the deed be construed as creating a trust. But the demandants contend
Judgment for the tenants.
Reference
- Full Case Name
- First Baptist Society in Andover v. Nathan W. Hazen & others
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- 1 case
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- Published