Worcester City Missionary Soc. v. Memorial Church

• Decision Date: 18 October 1904
• Citation: 72 N.E. 71,186 Mass. 531
• Parties: WORCESTER CITY MISSIONARY SOC. v. MEMORIAL CHURCH et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

186 Mass. 531

72 N.E. 71

WORCESTER CITY MISSIONARY SOC. v. MEMORIAL CHURCH et al.

Supreme Judicial Court of Massachusetts, Worcester.

October 18, 1904

That part of testator's will creating the trusts referred to in the opinion is as follows:

'Whereas I have long felt that it was desirreable to devise some means by which a pretty numerous class of persons in the City of Worcester who are now living without the benefits of moral and religious instruction and restraint which grows out of an habitual attendance upon the ministrations of the gospel, should be supplyed with oppertunities and inducements to enjoy the same.

'And whereas it has seemed to me that the readiest way of accomplishing this purpose would be to open for the use of all who may be disposed to avail themselves of the same, a suitable and respectable place of worship wherein upon the Lord's Day and at suitable times on week days religious services may be held and conducted by some learned, pious and devoted Christian Minister, who, in addition to preaching and conducting public worship shall devote himsilfe by visits and personal influence to pursuading induccing such as may be unacustomed to attend worship or who neglect the Sabbath or from any cause are destitute of the healthfull restraints and moral influence of religious instructions, to attend upon the services in such place of worship.

'And whereas I have caused such a house to be erected in which the Rev. Henry T. Cheever is not officiating as City Missionary I have a strong hope of aid hereafter to carry out the design I had in causing said house to be erected.

'Now in order to give consistancey and effect to a plan for accomplishing the purposes and views above named, I give and devise unto the Union Society, a Parish or religious society in Worcester (of which I am now a member) that real estate situate in Worcester at the intersection of Bridge with Summer Street, containing fifty-five hundred square feet of land, viz.: fifty-five feet in front upon Summer Street, and one hundred feet on Bridge Street with the building erected thereon, with all the privilages and appertenences thereto belonging, to have and hold the same to the said Parish or religious society, their successors and assigns forever. In trust, nevertheless, and to and for the purposes and trusts hereinafter declared and no other.

'And in order the more clearly to indicate the character and objects of these trusts, I wish to premise that the plan I have proposed to cary out is this:

'First. To have a suitable and respectable place of public worship with convenient accomodation for Bible and Sunday School classes, and one or more tenements for the accomodation of the Minister and Sexton.

'The Minister to be employed to preach in said house or to be let at a reasonable rent towards keeping the premises insured and in repair and supporting the Minister aforesaid.

'Second. To have a Minister whose religious views shall substantially harmonize with what are denominated to be Evangelical in their character who shall be endowed with respectable powers of intellect and be as faithfull, pious and devoted labourer in the work of teach and preaching the word of God.

'Third. It is my wish and intention by this bequest to form an important auxiliary in the missionary enterprise of preaching and minintering to the destitute in the city, and to those who do not feel sufficient interest in sacred things to attend upon the preaching of other ministers.

'The Trusts, therefore, upon which said estate is to be held by said devises and trustees are as follows:

'In the first place, That they shall suffer and permit said estate and every part thereof to be under the care and custodgy and management of two of the deacons of the Union Church as shall be designated by said church, and two deacons of the Mission Chapel Church recently organized, and their respective successors for the time being or of a major part of them, and shall allow said four deacons to obtain insurance upon said buildings in the name of said trustees and the said deacons, and to cause the same to be kept constantly insured to a reasonable amount, and in case of loss or damage by fire shall allow said deacons to recover said insurance money, and to apply to same according to their best discretion in repairing or rebuilding said building, as the case may be, in the name of said trustees, but without charge to them and permit said deacons from such insurance or other monies forever to keep and maintain upon said premises a house of public worship and tenements connected therewith as large and convenient as the same now standing thereon are.

'In the next place, That said trustees shall forever suffer and permit that portion of sais premises designed for the purposes of public worship to be occupied at all reasonable and proper times for public worship under the charge and ministration of a Minister of the Gospel who has been regularly ordained or set apart according to the usages of the denomination of Christians with which he may be connected and whose religious sentiments and opinions shall substantially conform to those now gennerally known and understood as Evangelical.

'And further that said trustees shall suffer and permit the parts of said building designed for the use and accommodation of the sabbath and Bible classes to be occupied for the purpose at all suitable times under the direction of such minister and deacons or a major part of them.

'And suffer and permit the house to be occupied free from rent or charge by any decent and orderly person who may resort thither for the purpose of attending worship at all times under such reasonable regulations as may be adopted by said deacons and said minister or a major part of them for preserving order and propriety of deportment in said house.

'And suffer and permit the minister selected as aforesaid to occupy and improve so much of the tenement in said building designed for the use of the families as in the judgment of the deacons shall be reasonably sufficient for his convenience so long as he shall be employed by them as such minister and upon such terms as they shall judge expedient having proper reference to the use of such tenement as a means of support and encouragement of such minister.

'And shall permit said deacons in the name of said trustees to let such other portions of the said estate as they may judge best upon reasonable rents and collect and...