Brown v. Independent Baptist Church Of Woburn,

325 Mass. 645, 91 N.E.2d 922 (1950)

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Nature of the Case

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Facts

Sarah Converse died in 1849. Her will left land to the Independent Baptist Church of Woburn (D), but if the church is ever dissolved, the land should then go to named legatees. The devise to D was contingent on her husband dying before her. He did not, so the devise to the church was to take place after his death. Converse's husband died in 1864. D stopped operating as a church in 1939. Converse's heir, Brown (P) claimed interest in the land, but the trial court held that the residuary clause failed; it violated the rule against perpetuities. P appealed.