Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-10-25

A Judicial Decision Concerning the
Meaning Of the Term.

From the St Louis Globe Democrat Oct 49,
Judge Werner, of the probate court, yester-
day decided the proceeding Of Miss Mary Barr,
to annul clause In the will of her late father,
d. Eglinton Barr on account of an indefinite
ness. In favor of Judge John Wickham, admins
traitor OF the estate Miss Barr, who was disin-
herited by her father, who gave his property
to various divisions of the Episcopal church, of
which he was member, obtained a relinqulsf-
ment Of the claims of the church in an action in
the circuit court. and had the property awarded
to her. Judge Wickham, however, refused to
pay over 5000 which the testator had be-
queathed as trust fund to aid such students
who might desire to study for the Episcopal
ministry or missionary work. The bequest con-
tanned the following clause: "This bequest is
intended to aid only such students and mission
aries as are content with the well-knOwn Gus
toms and ceremonies Of the Protestant EpiscO-
pal church without what is commonly known as
rltuaiism The probate court was asked to an
null this clause on the ground that ritualism was
term incapable 0fdefnition. The Judge. after
referring to the general organization ofthe Epis-
copal church, and stating that the will provided
that the fund was to be distributed by the off,
GERS and committees Of the church. adds:
numerous witnesses were introduced to
show that ritualism is incapable of an exact
definition. 1t is safe to say that none of them
gave asuf1icient account of the practices views
or doctrine constituting rituasm. To enable
an accurate classification, including all persons
to whom the term is applicable and excluding
all others, no one of the witnesses protested to
be able, after crOss-examinaton, to give rule
enabling court to do so. 1t is for this reason
commended that the bequest must fail But is
such accuracy Indispensable to give effect to the
testators Intentions Whatever might be the
result of the degree Of uncertainty demon
strated at the trial touching the precise classif-
cation OF persons entitled under this bequest if
1t were other than charitable in the legal sense
tunder the statute of Elizabeth. witch is in
force in this state), no doubt is entertained that
II treated as charitable beqnest the testatOrs
Intention may be carried out. not ouly in spirit,
but according to his own words The ques-
ton, then being whether the recipients of the
testatOrs bounty are sufficiently indicated
to enable the distribution of the fund as
public charity Gas distinguished from mere
DeneVOicnce, lberaty, or private Charity,
the testimony of the witnesses is full and
practically unanimous in the affirmative
Ihey all say that the meaning OF ritualsm is
well known; each one Of them testified that he
himself knew; and there Is no doubt that the
board or committee, or in case of their refusal
to act. any proper trustee appointed for such
purpose may. without insuperable difficulty.
decide whether student preparing for the min
lstry or missionary in the diocese of Missouri
rs or is not content WITH the Well-known cere-
moneS and customs of the Protestant Episco-
pal church, or whether his high church or low
church proclivities are such as to justify or not
this exclusion from the bounty on the score OF
rituasm. No difficulty is perceived in the dis
trbution OF the whole proceeds of the invest
ment directed to be made among such students
and missionaries as are well known to be free
from the Objectionable doctrines of rituasm in
the sense OF the testatOr and neither the exist
ence of persons whose views may he such as to
make it difficult or impossible to class them as
either rtuaiists or otherwise nor the fact that
the doctrine of rituasm is shifting in the course
Of thne so that what is rituallsm to-day may
be looked upon as low church doctrine tO-mor-
row, makes it impossible to distribute the
bounty to such students or missionaries as are
content with the well-known customs and cere-
monies Of the church."