Horace Gray

Name: Close v. Glenwood Cemetery — Opinion of the Court
Author: Horace Gray

Close v. Glenwood Cemetery — Opinion of the Court

Summary

“Close v. Glenwood Cemetery — Opinion of the Court”, is a work by Horace Gray. It explores elements such as cemetery, corporation and Clendenin.

Quotes from Close v. Glenwood Cemetery — Opinion of the Court (Horace Gray)

Horace Gray, Close v. Glenwood Cemetery — Opinion of the Court

“ One who deals with a corporation as existing in fact, is estopped to deny as against the corporation that it has been legally organized. And in a court of equity, at least, the owner of land, who stands by and sees it conveyed as belonging to another, cannot afterwards set up his own title against the grantee. The present case is yet stronger. Close did not merely deal with the corporation, and permit the corporation to convey parts of his land to purchasers of lots. ”

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Source: Wikisource

Horace Gray, Close v. Glenwood Cemetery — Opinion of the Court

“ If the corporation were to be exclusively a private business corporation, created for the sole benefit of the original associates and their successors as holders of shares, congress would hardly have inserted in the charter the provision authorizing the corporation to receive gifts and bequests for the purpose of ornamenting and improving the cemetery, or the provisions exempting the property from all taxation, and prohibiting the future laying out of any public ways through it. ”

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Source: Wikisource

Horace Gray, Close v. Glenwood Cemetery — Opinion of the Court

“ When the lots were all sold, the pecuniary interest of the associates or shareholders would disappear, but the duty to keep up the cemetery would remain, and the owners of lots would be the only persons having a peculiar interest in keeping it up. The corporation, in short, was established to secure and maintain, not merely the right of sale, but the right of burial, and was the representative, not only of the original proprietors of the land, but also of the subsequent purchasers of lots therein. ”

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Source: Wikisource

Horace Gray, Close v. Glenwood Cemetery — Opinion of the Court

“ After the cemetery had been laid out, improved, and used for the burial of the dead for more than 20 years, and 2,000 burial lots had been sold, it was a reasonable exercise of the reserved power of congress to authorize the owners in good faith of lots upon which burials had been made, to elect a majority of the trustees, in whom should be vested the control and management of the cemetery, with a due regard to the equitable rights of all persons having any vested interest therein ”

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Source: Wikisource

Horace Gray, Close v. Glenwood Cemetery — Opinion of the Court

“ He holds the fee of the cemetery in trust for the corporation, and is entitled to nothing, as against the corporation and those whom it represents, but such compensation for his interest as original proprietor or stockholder as is consistent with the state of things which he has represented to exist.
It is argued by the learned counsel for the appellants that the estoppel and the obligation of Close cannot extend beyond the 30 acres which had been actually laid out. ”

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Source: Wikisource

Horace Gray, Close v. Glenwood Cemetery — Opinion of the Court

“ Under these circumstances, there is nothing in the proceedings of the court below prejudicial to those rights, or which entitles him to a reversal of the final decree and to a reopening of the whole case. ”

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Source: Wikisource

Horace Gray, Close v. Glenwood Cemetery — Opinion of the Court

“ No taxes were ever paid on any part of the 90 acres. At different times from 1871 to 1876 taxes were assessed, or proposed to be assessed, by the municipal authorities upon the 60 acres which had not been improved. But Close and Clendenin, by representing to the assessors and collector that the whole tract had been dedicated to burial purposes in accordance with the charter, and by exhibiting to them the charter and the pamphlet containing the account of the dedication, induced them to recognize the exemption of the whole tract from taxation. ”

Horace Gray

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Quotes from Close v. Glenwood Cemetery — Opinion of the Court (Horace Gray)

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