United States First Circuit

Under Massachusetts law, a nonprofit organization that has ceased operations may not receive a charitable bequest unless it is both capable of using that bequest and willing to do so.

Appellate Information

• Decided 06/14/2005
• Published 06/14/2005

Judges

• SELYA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Theodore E. Dinsmoor, with whom Burns & Levinson LLP was on brief, for appellant First Church of Christ, Scientist., Michael C. Gilleran and Pepe & Hazard, LLP on brief for appellant First Lutheran Church.


• For Appellees:
  
• Charles R. Bennett, Jr., with whom David C. Kravitz, Christopher M. Morrison, and Hanify & King, P.C. were on brief, for debtor-appellee., Robert B. Foster and Rackemann, Sawyer & Brewster, P.C. on brief for trustee-appellee.