Opinion
11-21-1902
HARRIS et al. v. KEASBEY et al.
W. T. Hilliard, for complainants. Lewis Starr, for Helen K. Knight and others. M. H. Stratton, for boards of Presbyterian Church.
Bill by Quinton P. Harris and another, executors, etc., of A. K. and N. J. Van Meter, deceased, against Howard B. Keasbey and others. Decree rendered.
The bill of complaint in this case is filed by the executors of the last will of Artemesla K. Van Meter and Martha J. Van Meter, seeking an interpretation of the residuary clause, and an ascertainment of who are the Intended residuary devisees and legatees. The complainants have brought into court the next of kin and heirs at law of the defendants, and also several corporations of the Presbyterian Church, which at and before the time of the death of the last testatrix were engaged in the conduct of the business of that church touching home missions, church erection, and the aiding of colleges in the bounds of West Jersey presbytery. Thewill in question was jointly executed by two testatrices, and the residuary clause to which the attention of the court is invited is in these words: "The rest of our property, both real and personal, to go to the boards of the Presbyterian Church, to be used in home missions, church erections, and aid for colleges in the bounds of West Jersey presbytery; the interest only to be used." Helen K. Knight and Charles Quinton Keasbey, two of the heirs at law and next of kin, answer the bill; admitting, in substance, all of the allegations therein contained, and claiming that the terms of the residuary devise and bequest are so uncertain that the court should declare that the testatrices died intestate of their residuary estate, and should direct that the same should be paid to the heirs at law and next of kin of the decedents. The several boards of the Presbyterian Church which have the control and management of the funds of that church received and used for home missions, for church erections, and for aiding colleges and academies, have filed a joint answer, claiming that they, respectively, were and are the devisees and legatees intended by the testatrices to take their residuary estate by the above-quoted clause. The cause came to hearing, and testimony showing the incorporation of the several boards named, and their objects and powers, was offered; and parol proof was given showing that, before and at the time of the death of the testatrices, those boards were in existence, and in the actual conduct of the business touching the several departments of church work referred to in the residuary clause of the will.
W. T. Hilliard, for complainants.
Lewis Starr, for Helen K. Knight and others.
M. H. Stratton, for boards of Presbyterian Church.
GREY, V. C. (orally). At the time when this will spoke, there were in existence boards of the Presbyterian Church which were capacitated to receive and use money and other property for home missions, for church erections, and for the aid of colleges, within the bounds of the West Jersey presbytery. These boards were corporations actually engaged in the conduct of the business in aid of which the property referred to in the residuary clause was intended to be applied. The will does not point out these boards as the residuary devisees and legatees by specifically naming them, but the words of the will do obviously show the intent of the testatrices to devote the residue of their estate to the uses named, and that it should be applied to those uses by and through the boards of the Presbyterian Church. The testimony which is here submitted clearly proves that the Board of Home Missions of the Presbyterian Church in the United States of America is the board of that church which at the time the will spoke had authority to receive and expend property for the furtherance of the home missions of that church, and that it is presently engaged in that business. It also shows that, at the time the will spoke, the Board of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America was the board of that church which had authority to receive and use property in aid of church erection, and that it is still carrying on that work. It also shows that the Presbyterian Board of Aid for Colleges and Academies had capacity to receive and use property in aid of colleges and academies. All of these boards could and do exercise these functions over territory which included the bounds of the West Jersey presbytery. The proof submitted satisfactorily shows the identity of the defendants represented by Mr. Stratton with those boards of" the Presbyterian Church which are referred to as a class in the residuary clause of the will. The executor should be advised that they are the legatees Intended by the testatrices to receive the residuary gift.
The residuary property consists of both real and personal estate. The gift, while obviously to several boards and for several uses, does not define the extent of the interest to be severally held by each. The proof shows that, for the conduct of the business in the three branches of church work mentioned in the residuary gift, there are three separate corporations. In the absence of any specification by the words of the gift defining their proportionate shares, each must be held to take an equal, undivided third part of the residuary real estate, and to be entitled, each of them, to one-third part of the residuary personal estate.
Under the practice in this state, counsel in the cause on both sides are entitled to allowance of reasonable fees and to the taxation of costs out of the estate.