Argument of Rufus Choate Before the Supreme Judicial Court of Massachusetts, Lemuel Shaw, Presiding, in the Case of Oliver Earle & Al. Vs. William Wood & Al., January 20, 1852 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1854 Excerpt: ... particular monthly meeting was within the mind of the grantor. But I have no doubt it is an element, and the third element, that while it is to be under the immediate management of a monthly meeting, it is under the ultimate control of the yearly meeting itself. Let us look at the first suggestion. That it is for the primary benefit of the monthly meeting being in unison, I suppose both sides agree. But I have to deduce it from this. I think it results from the locality; and perhaps the passage which the learned counsel read from " Ben Monroe," shows that this kind of grant refers to the locality of the grant. It follows from the same reasons, that the immediate management is under the control of the monthly meetings. This is not in the deed. But there is the house, and there is the monthly meeting, and there is the land. And the discipline charges upon the monthly meeting the duty of taking care of titles of all the real estate belonging to the Church. But we now encounter these two great ideas. The first is, I have stated it before, but I now come to the argument, that this monthly meeting, or any monthly meeting which is to obtain any thing from this estate, is to be in unison with the yearly meeting; that is to say, to stand in that just relation and to stand in that just subordination which the discipline expects and prescribes. That is the first idea. It is to be in unity. My learned brother had a good deal of difficulty to find this in the deed itself. But it is established by every thing in the deed. In the first place it is provided that for the more effectual execution, &c, of the said trust. Perhaps I would better read it in the language of the deed itself. "For the more effectual executing and full performance.of said trust, we and our heirs and...
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About the Author
Rufus Choate (1799-1859) was a strong proponent of protective tariffs to assist domestic industry.
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