The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1888-02-23

MARTIN COLLEGE CASE.
The Supreme Court Suatains Char
callor Abernathy.

AL AlG ! LIN tp441lG4 ~ S4AS1
The Supreme Court Sustains Chan
callor Abernathy.
Every Point Goes in Favor of the Trustee
and the People.
Last Saturday morning the su-
i preme court rendered its decision
) in the Martin College case, Folkes, j.
delivering the opinion, as follows:
This case involves the proper con
struction of the eighth and eleventh
items of the will OF Thomas Martin
These items arc as follows:
Item S. direct my executor TO dc.
post IN come bank, or secure piace
thirty state bonds OF one thousanthsiul
! lars each, IS OF the old series AZ d II o
the new, and pay over to the officers o
the Methodist Episcopal Church. South
established in the town OF Pulaski, thu
interest which may accrue aud be col.
lected on the same, to be by them ap-
propriated tor the purchasing o
grounds and erecting suitable building.
for a female school, aud after saiii build
ings shall be erected said int rest slla!
be annually appropriated in part pay
ment of the teachers who may be en-.
ployed in said school.
Item IL. In addition to the bequest
have already made for the use and ben
etit of a female school in the town o
Pulaski, l hereby bequeth to said in
sLltution the sum OF $4,000 in cash to bt
paid over to the trustees at the expira.
ton OF two years alter the quaillica
ton OF executor In the event there
should not be any trustees appointed
for the female school, then the sum o
money bequeathed Tor the use and ben.
eft OF said school | direct TO be pait
over to the officers of the Meth.
odist Episcopal Church, in the
town OF Pulaski, and to be by them APP
propriated solely and exclusively fol
the use and benefit of said school, "a
before directed.
The bill was !.ed under the Code
Sec. ALAG, ct seq, by the attorney
| general, against tue Martin Female
! College in its corporate capacity
and against the iessees and the oil
GERS and the trustees of the institu
tion and against the local officers o
the church at Pulaski.
In the bill it ia claimed that the
trust declared 10 said will vas 40 be
executed for the henefit of female
school, to be managed by and IN
der the fostering care and contro
of the Methodist Episcopal Church
South, through their annual and
quarterly conferences; practical
though the form of The bill repre-
sents a controversy inaugurated by
the state to challenge the powers Of
corporation under its.charter;it is
substantially controversy between
the annual aod quarterly confer
ences of the Methodist Episcopal
Church on the one hand, and the
local officers of the Methodist
church in the town of Pulaski 90
the sother, standing with and CO.
Operating with the trustees of the
college under its charter.
The arguments have been very
l tStG duA dOtO III OObu OioOS " y
attorneys of much learning and re-
quite, with reference to the rules OF
construction of wills III general,
and wills creating charitable trusts
in particular, and the contention on
the part of the complainant is that
the proper construction of the viii,
taken in connection with the action
of the annual and quarterly confer
ence of the Methodist Church,
South, and with he charter estab
fishes the right and power and du-
ty of the annual conference of the
Methodist Chuch in the state OF
Tennessee, to control and direct the
management of this Institution, and
that IN violation OF that right, the
trustees have seen fit to make q con
tract or lease as it is termed) With
the two ladies, Misses Hood and
Heron, whereby the institution has
been leased to them for two years.
with the right and privilege of re-
newal for three years.
| 1t is complained that one of the
lessees is Friend or Qnakeress
and the other a Presbyterian, and
the purpose of the will, as promul
gated by the testator, has been per
verted, to the extent that it has fall
en- into the hands of other religious
influences, and it is insisted that Ii
i. is manifest that the testato. intend
ed have it inculeate the Methodist
| doctrine, and taught and managed
and controlled as a Methodist In
stitutioD, under the dominion and
control of the annual conference
and under the will it is alleged thai
the contract that has been made is
ultra vires, that it is beg ond The
power of the corporation, under 1t:
charter to have made this contract
even if they be mistaken IN tie con
tention that is inaugurated be
tween the annual conference ant
+ the local church authorities at Flu
t laski; that it must certainty re
main under the control and direc-
} ton of those representing the Meth
2 iodist church, either local or genera
| and the great burden of the con-
t tention as shown by the argument
of counsel, is, as already stated, tn
claim on the one hand of the annua
o and quarterly conferences OF tn
S Methodist Church South, and til
D local authorities at Pulaski, the in
a augurators of the Institution, on tn
= other.
: Now the charter of course mus
d give way to the will with referenc
!. to the disposition of this fund, an
e TO the management of the CHART
$ instituted and inaugurated by th
S testator, and if there was any con
d flict between them the will woul
s prevail; but we cannot discover an
$ controversy or clash between th
o charter and the terms OF she will, q
It we understand them.
IS Shortly after the death of the te'
e tator the local church officers, afte
n passing suitable resolutions, signi
lying their acceptance of the Chart
and their willingness to enter upo
the discharge of the duty of carr,
d il out the provisions of the wi
d with reference to establishing til
y school, directed that charte
y should be procured, which was az
o cordingly done.
1T In this connection it may |
Is proper to quote from the 9th an
e 9Th clauses of that charter. I'll
re 9th clause reads as follows:
% "The institution shall at all times
d under the exclusive care, control al