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Brown v. Independent Baptist Church of Woburn, 325 Mass. 645, 91 N.E.2d 922

Facts

Sarah Converse died on July 19, 1849, leaving a will that devised a parcel of land to the Independent Baptist Church of Woburn, contingent upon the church maintaining its religious beliefs. If the church dissolved or changed its beliefs, the land was to go to her legatees. The church ceased to exist as a church on October 19, 1939, leading to the dispute over the land's ownership and the proceeds from its sale.

Sarah Converse died seised of the land on July 19, 1849, leaving a will in which she specifically devised it ‘to the Independent Baptist Church of Woburn, to be holden and enjoyed by them so long as they shall maintain and promulgate their present religious belief and faith and shall continue a Church; and if the said Church shall be dissolved, or if its religious sentiments shall be changed or abandoned, then my will is that this real estate shall go to my legatees hereinafter named, to be divided in equal portions between them.

Issue

The main legal issue was whether the executory devise to the Independent Baptist Church was valid and whether the reversionary interests passed to the legatees named in the will.

The single justice ruled that the estate of the church in the land was a determinable fee.

Rule

The court applied the principle that the rule against perpetuities does not apply to reversionary interests of a general type, including possibilities of reverter.

We consider it settled that the rule against perpetuities does not apply to reversionary interests of this general type, including possibilities of reverter.

Analysis

The court determined that the executory devise to the church was void for remoteness, as it could potentially not come to an end until long after any life or lives in being. Consequently, the possibility of reverter remained after the failure of the limitation, which passed under the residuary clause of the will to the same persons designated in the invalid executory devise. The court distinguished between the executory devise and the residuary gift, concluding that the latter was intended to carry any interest that might remain in the testatrix.

The executory devise was in form and substance an attempt to limit or create a new future interest which might not arise or vest in anyone until long after the permissible period.

Conclusion

The court reversed the previous decree and ordered that the land or the proceeds from its sale be distributed to the legatees named in the will, excluding the Independent Baptist Church.

The interlocutory decree entered December 16, 1947, is reversed, and a new decree is to be entered providing that the land in question or the proceeds of any sale thereof by the receiver shall go to the persons named as legatees in the will, other than the Independent Baptist Church of Woburn, or their successors in interest.

Who won?

The legatees named in Sarah Converse's will prevailed because the court found that the executory devise to the church was void and that the reversionary interests passed to them under the residuary clause.

The single justice ruled that the residuary clause was void for remoteness, apparently for the same reason that rendered the executory devise void.

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