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The Legal Aspects of the Andover Creed

Published online by Cambridge University Press:  28 July 2009

Richard D. Pierce
Richard D. Pierce
Affiliation:
Andover Newton Theological SchoolNewton Centre, Mass.
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Extract

On April 10, 1931, the Supreme Judicial Court of the Commonwealth of Massachusetts, acting under the doctrine of cypres, decreed that henceforth Andover Theological Seminary should forever be relieved of subscription to1 its creed and that “hereafter no professor should ever be called into question because of inconsistency with the creedal requirements of its Constitution and Statutes.”

Type
Research Article
Information
Church History , Volume 15 , Issue 1 , March 1946 , pp. 28 - 47
Copyright
Copyright © American Society of Church History 1946

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References

1 Supreme Judicial Court, Egbert C. Smyth, appellant v. The Visitors of the Theological Institution in Phillips Academy in Andover. Brief for Appellant, XI, 41.Google Scholar

2 Deeds and Donations, 16.Google Scholar

3 Ibid., 25.

4 Ibid., 42–3.

5 Andover Theological Seminary, General Catalogue, 1808–1908, 28–29.Google Scholar

6 Deeds and Donations, 53.Google Scholar

7 The Andover Defense, 47–9.Google Scholar

8 Difficulty was had in obtaining a charter for Amherst College in 1821 on this account.

9 Deeds and Donations, 69.Google Scholar

10 Ibid., 69–85.

11 Ibid., 75–77.

12 William Bartlet $20,000, Moses Brown $10,000, John Norris $10,000.

13 Deeds and Donations, 86–102.Google Scholar

14 Ibid., 121–22.

15 The relation between the Fellows and Overseers of Harvard College, for example, Is not analogous; nor that of the dual boards at Bowdoin, Brown, etc.

16 Deeds and Donations, 96–7.Google Scholar

17 Ibid., 120.

18 Opinion of Jeremiah Smith, 1807.

19 Deeds and Donations, 96.Google Scholar

20 Supreme Judicial Court. The Trustees of Phillips Academy v. The Attorney General of the Commonwealth of Massachusetts et al. Brief for Trustees of Phillips Academy, 25.Google Scholar

21 Opinion of Smith, Judge Jeremiah, 1807.Google Scholar

22 James Kimball.

23 Vide. MSS. relating to Kimball Case (Pearson's Narrative).

24 Three pamphlets appeared in 1853.

25 Board of Visitors, Records, 10 14, 1828.Google Scholar

26 7 Pickering, 303.

27 Ibid.

28 Ibid.

29 Board of Visitors, Records, 03 15, 1882.Google Scholar

30 Vide. A Review of the Evidence of Prejudice, etc. on the Face of the Opinion, Submitted to the Visitors of Andover Seminary, in, 1887, by Dr. Eiistis.

30a Wellman, J. W. et al. to Board of Visitors, 07 23, 1886.Google Scholar

31 Vide, Funds and Statutes, 79–82.Google Scholar

32 Ibid.

33 Ibid.

34 Deeds and Donations, 26.Google Scholar

35 Wolcott, William E. et al. , Petitioners to use Name of the Attorney General v. Visitors of the Theological Institution in Phillips Academy in Andover, Massachusetts, 3.Google Scholar

36 Board of Visitors, Records, 12 3, 1908.Google Scholar

37 William E. Wolcott et al., Petitioners, 1.

38 Funds and Statutes, 49–50.Google Scholar

39 Vide, Board of Visitors, Records.

40 Dates and Data, 34.Google Scholar

41 Supreme Judicial Court, Equity Case, No. 54, 469, Final Decree.

42 Keyser, Leander S., 10 5, 1926Google Scholar; Jaderquist, John E., 08 7, 1926Google Scholar; and James O. Buswell, all of Wheaton College, Wheaton, Illinois, also Nathan B. Wood of Gordon College of Theology and Missions.

43 Cf. Bogart, G. G., The Law of Trusts and TrusteesGoogle Scholar, for a good discussion of this doctrine.

44 Supreme Judicial Court, Equity Case, No. 54469, Final Decree.