New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-06-02
SUPREME CoURT-sPEcrAL TERN.

Before Judge Barndrd.-Wm n. Rdineyet al.
agt W H. Laing - GTms wa sun 70 nhfsin ndi
cia construction OF the same. Mr. laing died al Mn,
leaving brother, VIM. L. Laing, q sister Catherine =
Hermance and a nephew named Alexander Lalng. MS
estate consisting wholly OF personal property amounted
TO about 40 600 and in his will after bequeathing his
mineral collection to Rutgers College PROVIDES tnat w
900 shall be invested and out Of the income there
the same amounts the remainder OF the nS1 p. W
tant Dutch Church to be applied TO the support and
education at Rutgers College OF plOus, lhdlgeht
y " that Gh Tn The residue Of the estate $1,000
bequeathed to the General Synod OF the Reformed Pro
the income applied to the same purpose: No part
the income shall be applied TO the education ana sup
port OF any such young until he shall have entered
upon the regular course of studies In Rutgers College,
aud of the whole amount to be applied no young man y
to receive than $500 annually The 10000 invested
benefit Of his relatives was ultimately to go INTO
the residue and be held by the synod and to be known
rated under the laws Of this State and it is empowered
to take and hold real and personal estate provided te
Of 10000.
The ease was tried before Judge Barnard about two
months ago. andh has just delivered an opinion III when
he holds that the income exceeds $4,000 year. the
further legal capacity TO take acquire title to property
in any form or for any purpose may possibly DC true,
posson Of more property cannot be called to account
by private parties for such usurpation The Governments
General by quo udrrdn0 the ground that corporate
powers have been exceeded corporation has no law
does so il possible that under some circumstances 1t
will be permitted to enjoy the fruits Of its wrong There
another view OF the In which IL Is clear tat TINS
bedues fail The bequest il not TO the synod gen
erallv for it's own purposes The income only was
TO be appropriated specific object and If In any one
wear that hole not expended, the surplus
was to be added to the principal and from year to
year more odious perpetuity attempted to
be created Nothing be clearer than that the coro
rate powers given To the Synod do not embrace the eA
ecutiOn OF trust like this and such power can bc
raised by implication. 1t has been shown that in this
| case no competent trustee has been named and that
fatal; but il is equally clear that no certain
beneficiary IL named who are III the eye Of the law
| "pous and INDECENT young men," and what person
| enforcement OF this assumed trust i'll his favor
OF attempting TO prove that he one OF the per-
sons intended benefited by the tCsatOrs gihi The
law has not fixed "a certain definition Of "pety or in
digence" and cannot entertain controversies upon such
questions. But further portion Of the income of the
fund could be given to pous INDECENT young man nm
less he had duly entered regular course OF studies
at Rutgers College. IT, therefore, such student being
pous INDECENT" should happen to be in that Col
lege year, portion Of the income could be eX-
pended, but must be accumulated. III Rutgers College
should cease exist income could be apprOpri
ated in any way to anybody and the principal must
remain and the income accumulate ana augment
this fund forever to purpose. IL is idle tOereiOre to
that this pretended trust IL not void Excepting
the gift Of minerals to Rutgers College and OF watch 10
Henry A. Van Week. the will is void and the next Of kin
are entitled to the fund II is suggested that while tine
wishes of the testatOr must fail as to the general resi-
OF his estate the annues, 500 each TO his brother
whole of the testaor having failed the next Of
hin share equally under the statute of distribution
Judgment should De entered according to these views,
with proper allowance for counsel fees out OF the estate