Episcopal City Mission v. Appleton

• Decision Date: 24 March 1875
• Citation: 117 Mass. 326
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Episcopal City Mission v. William Appleton & others

117 Mass. 326

Episcopal City Mission v. William Appleton & others

Supreme Court of Massachusetts

March 24, 1875

[Syllabus Material]

Suffolk. Petition in equity by the Episcopal City Mission, a religious society incorporated by the St. of 1844, c. 92 against William Appleton, Charles H. Appleton, Sarah E Lawrence, and Hetty S. Coolidge, the heirs at law of William Appleton, and residuary devisees under his will, and the Attorney General, as representing the poor of the city of Boston, praying leave to sell certain real estate on Purchase Street in Boston, and to reinvest the proceeds under the direction of the court. After the filing of the petition Charles H. Appleton died, leaving a will, by which he subjected his estate to certain trusts, and F. Gordon Dexter and John A. Burnham, the trustees under his will, appeared and filed an answer. The other respondents either did not appear, or appeared and filed no answer.

Hearing before Endicott, J., who reported the case for the consideration of the full court, in substance as follows:

On January 8, 1847, William Appleton, since deceased, conveyed to the petitioner, its successors and assigns, the estate which it now prays leave to sell. The conveyance was for the purpose of promoting the religious welfare of the poor of Boston, and although in form expressed to be "in consideration of one dollar, and other valuable considerations," was without payment of any valuable consideration, but solely upon consideration of charity. At the time of the making of the conveyance the chapel therein mentioned was, and always afterwards while it existed continued to be, used and occupied as a missionary chapel, having its sittings free to the poor of the city of Boston.

The deed, after the description of the property, contained the following clause:

"The premises above described are conveyed by me upon and subject to the condition that the said corporation of the Episcopal City Mission are to continue to hold, occupy and improve the land and chapel for the purpose for which they are now used and occupied; namely, for the support of the worship of Almighty God in conformity to the doctrine, discipline and worship of the Protestant Episcopal Church in the United States of America; and also upon the further condition that no building or superstructure of whatever kind is to be erected on the portion of the land above conveyed which lies on the northeasterly side of the chapel as now built, and between said chapel and the strip of seven feet in width of land this day conveyed to Charles H. Brown, until after such time as said Brown or his representatives or assigns shall build upon the said strip of seven feet in width, or shall cease to keep said strip of land open and free from any building or superstructure, or until after such time as said chapel shall cease to be used as a chapel for the worship of Almighty God in conformity to the doctrine, discipline and worship, as above described."

At the time of the execution of the deed Charles H. Brown was the owner and occupant of a dwelling-house lying northeasterly of the said chapel and fronting towards the same, and upon a passageway extending between said dwelling-house and said chapel, of which passageway he was also the owner, and had purchased from the said Appleton a strip of land seven feet wide bordering upon said passageway, thus increasing the width of the said passageway seven feet, which is the said Brown's seven foot strip mentioned in the deed.

The chapel named in the said deed was destroyed by fire on November 10, 1872, and insurance thereon was afterwards paid to the petitioner. Owing to the growth of the city of Boston since the year 1847, and the change in the character as to population of that part of the city in which the said estate is situated, (it having come to be occupied almost exclusively by business stores and warehouses,) and also to the reduction of the depth of said estate by the city taking part of the land for the purpose of widening...