The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-19
supreme Court Special Term.
Before Hon Judge lngrahan


INTERESTING CONSTRUCTION or wILL-oLAIM 90
ST. pErRR's CATHOLIC cHuacH, DsyisGE, Bs
CLARKD VOID
Walter ~ De Gra,o and others, rs jams FG,spr,rsek
and oevs rhis action brought to Obtain cossrno
lion Of q clause the will Of james yszsNfisS,
The third clause of the viii devscs all mo rest
remainder Of MS estate to hs execu'rs rnss Tor
the benefit OF hs cnildr eo, and tnen Continues il
ia case ther sc III, stall ole, lsaying aarea
give the bali or that chllds por' OF 'ne SAID
apo personal estate 70 he survivor OF oe ava we other
half to Roman Cahjlc church fgr tne good ot
soGln One oi the cndren died whou! isaue, aud ms
whole IL c,aimac by the surs iying coi cn@ an
OF the other oesndAns shop hughes 40 toa
tus'ets OF q Peter church claim tho Dropsr,y e her
fer St peles's church. as shs church where me tssaof
attended IN his lie tine or for the general pnrpls.s OF
the Roman Catholic church in the di0cess ~ New YORK
There bo doubt the proposor Lnat mo courts
should IN all carry out the intention 0 tho ie@sat
Ncsble and does not voAie the p,ovsists OF a~ Bot
such intent cannot be ascerai1ed where the
devise Is so uncertain in its provisions that cAnoot DO
known 10 what particular pur pose toe property "a, - 20
applied the devise IL VOID and tho property belongs TO
tce heir A. Law H Ia conceded that there Ia such
hsS rp,nss gbn'nn zoe ,, cry NV,
church society OF that Denomination in the place
where the testaor lived, night we'll DO presumed that
ton. Bus several different churches Of
thu faith, hav,pg different names, none OF which can be
applied 70 the o. devise that rule does DOT
apply. Is only be sustained a valid devise, oy
fading devRee wering TO the description In tho will
capable Of taking or by sus'aiung u bequest for
charitable use, and directing ir app'cI hon accordingly
The claim behalf OF 81 Peter caurch be
tanned No devise made for hat church, aud there ID
nothing In the will aud nothing shown by aoy evidence u
the suppostou that the bequest and devise was
for the benefit OF that CHURCH. II there was other
church OF the denomination in the place whore the
tssAor resided before suggested and there EVIL
The intent of the testA,or 10 have been
the purpose OF beneug tina. church. the device might
have sustained But uere there Is no evidence what
that any such corporation existed that the Tesla
tor han any ntert benedt any particular church
by the Nor do think the devise be sustained
for tho benefit OF the general cusp,se OF the Csthpc
church. II evidently intended by the viii t. apIhy
the money 10 the purposes Of some church No mode
designated for The application OF the money Any pro
vsOD made for E payment any there ~ 40 per
son authorized to Represent amp fuch church - shom
such fund could he paysss. Il is very STAR that soct
devise made directly - the Catholic church would DC
void Tor uncertainty that such corporation being In
steE there person BODY who could take
der II and the c,unsr for the defendants the
mept admitted that devise could not be sustauad
he urged, however, that might be bHld good AZ no
quest charitable But would not be- va,1, esen
far such II tho parties who 70 b the reel
peB 0f The benefit Intended or the Institution 10 which
the charity was TO be devoted ios desiTasod %
shnw who entitled 10 reoaivs tue rhe N
Williams williams, a seid b2o), IA relied on
thory that the doctrine Of charitable Ash existed in
England, e tho law OF this clury Coperdpg that the
effect OF that 70 hold, stl tho ollculty TO the
party who receive, aud the Indebtedness Of the oh
ject 10 be benefited remains sod II c,uld be sustained
the law cnsfitabs nses that doctrine oouid
net give csrst ~ TO wbs Ia otherwise uncertain u
be void would still DO that the intent OF the
tesstor should be understood whether the devse be
queet directly tho ohjsc, society be benefited
whether II sns intended a. charity ard to be
tanned such through the nterveuuar ~ T1sisss Ny
co1c'uson 10, ns, toe tevso and beqsst ~ oos calf OF
the ,hare Of tie DECEASED child 70 the church IL void Tor
uncertainty and that the surviving cnlo aud heir Of Law
10 entitled 10 the share Of the deceased child.