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eBook details

• Title: Trustees Pittsfield Academy v. Attorney
• Author : Supreme Court of New Hampshire
• Release Date : January 03, 1948
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The earliest of the above conveyances was of real estate, dated March 27, 1839, from James Joy to Caleb Merrill, John Berry, and Nathaniel Batchelder, their heirs and assigns forever, ""for the promotion of virtue and knowledge and especially for the promotion of the higher branches of arts and sciences."" The conveyance also provided that the property thereby conveyed was ""to be used for the diffusion of useful knowledge and the promotion of arts and sciences."" The conveyance also provided that the academy building and appurtenances ""be and remain under the guidance of said Merrill, Berry and Batchelder, as trustees in this grant, or their heirs and assigns, who may be of the denomination of Christians classified and known as Congregationalists"", and further that ""whenever a corporation may be legally formed and created, the members of which may be of said denomination of Christians known by the name and style of Trustees of Pittsfield Academy... to alien, convey and confirm to any said corporation the premises herein granted in trust to be holden by said corporation for the same purposes as are herein specified and for no other, and the members of said corporation are always to be of said denomination of Christians."" This conveyance contained no reverter clause. The plaintiffs constitute such a corporation as above described, and although no deed from Merrill, Berry and Batchelder to the Trustees of Pittsfield Academy has been found, it is alleged that the plaintiffs have managed said land and buildings thereon as if it had been conveyed to them, and that the Academy holds the legal title to the premises described. The plaintiffs for many years prior to November 16, 1894, appear to have carried out the terms of the Joy trust and managed and maintained the academy on the premises conveyed known as Pittsfield Academy. They also built two new school buildings on the premises. The last of these buildings, upon its completion November 16, 1894, was leased to the Pittsfield school district and used by said school district as a high school until September 1, 1942. Pittsfield school district then constructed a new high school on a different site and made no further use of the academy property. Since September 1, 1942, it has been impractical to use the land described in the petition for school purposes.

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