The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-10
TRUSTS FOR MASSES VALID.
Decision of the Court of Appeals Very I'm
portant to Roman Catholics.

- decision OF the court Oh Appears v cry 1ln-
portant to Roman Catholics.
Aew York Sun.
Margaret Gilman, who had become famous as
he oldest inhabitant of the old Fifth ward, and
Who had never seen Central Park nor travelled
abOve Canal street. fell sick in September. 1882,
50 her eightieth year. For many years she had
kept little grocery store in Beach street, and
Aad saved several thousands and put it in bank
30 support herself and her husband in their old
@ge. Her husband, James, was at this time
Ninety-two years old himself and had long been
700 in6rm to do any work. Mrs. Gilman knew
hat she was on her death-bed and one day she
cent for Undertaken Henry McArdle, of 81 North
noore street, whom she had known for oyer
dirty years, and gave him her three bank
looks and told him to draw out her So 299 of
aeposits When he got the money she said that
ahe wasn't going to make will, because she was
sure that, although she had no relatives, some
body would turn up with lawyer to contest the
Rlll, and ultimately all the money would 60 to
lawyers.
She said that she wanted the money spent for
&he funerals Of herself and her husband and the
surplus devoted to the purchase of handsome
nonument in Calvary Cemetery and to masses
kor the repose of her husbands and her own
soul. She died on Sept. II, 1852, and her hus-
9and died shortly afterward. McArdle buried
mem both, and paid for masses in st. Alphon-
Huss and St Peters Roman Catholic churches,
which the old couple had been members.
bllchael Gilman, a nephew of Mrs Gilman's
husband, was made administrator of the estate.
and as he discovered that McArdle was
Npending the savings for masses, rs he had been
directed, he began suit against him to recover
he whole amount of Margaret Gilman's bank
8eposits. When the suit was tried in the
special term of the Superior Court in June 1889
udge Freedman wrote two elaborate opinions
feeding that the trust to McArdle was void,
because PERSONS soul could not be made ben
shciary because it was outside of the boundaries
S. the realm and could not take an interest in
be property left behind for its benefit, and also
because the money was mere deposit in
s acArdles hands, and that any title he might
ave had TO 1t was revoked by Mrs. Gilman's
eath. The general term affirmed Judge Freed
pans decision on appeal, and then the case was
srried TO the Court of Appeals
On Tuesday lawyer Richard L. SweeZy and
harles w. Bennett, McArdle's counsel received
Telegram announcing that the Court of Appeals
&c rendered decision in McArdle's favor. up-
pldlng the validity of trust for masses for the
pose OF the souls OF the dead
Lawyer Bennett sent on to Albany yesterdav
% the full text of the decision He said il was
PC first Of the kind rendered in Snis country
nd establishes precedent that will be of great
nportance TO Roman Catholics throughout the
puntry Undertaken McArdle's will continne 10
ey Tor annual high masses for the souls of the
saa couple as long as the money holds ont.
Iehael 6llman will have to pay the costs of the
20 years legal expenses incurred in securing
Pc adverse decision