Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-02-13
JAMES RIDDLES LEGACY
AN INTHREsrIH8 POINT PASSED
UPON By JUDGE WALES.
young Men TO He Prepared for miu-
istorIn. Work mt the Expense of the
Bead manufacturers Estatc-rhe
,TfusI 10 sHsc Perpetuei.

In tho United States circuit court Won
DAY Judge Wales handed down tho io-
lowing decision in the case OF William nj.
Field AMI Hannah Riddle, Surviving ex-
eautora of Jamsa Fiddle and Jennie Il.
Field VS.. the trusteeB o: the Drew Theo-
logical Seminary.
The complGinAuts after stating in their
bill that they huye been advised that
some doubt xisg as 20 the validity of a
certain bsqIest contained Ia the will of
theis testator, apply TO the court for
directions touching their duty in the
premises, that they may be directed in
what manner to proceed in order faith
fully 10 execute the provisions of tho will
pnd that tho true construction thereof
may he declared.
Jama1 Riddle, tho testetor, died August
3lst, 1873 and lis will was duly pro-
bated on October goth, in the name year.
Tbe bequsst il qdgBtion ia IN these words:
elem 2lst--I direct that my executors
shGIi provide ont OF tho money received |
for tho nts OF my real eBSate, aud out
OF the profits OF the business OF the firm
OF James Riddle Son d Company, sum
OF money huilioiept to educate in the
Drew Theological College, in Madison,
N. j., two youul aan for the ministry of
tho Methodist Episcopal ohnT0u, one OF
whom IL to 30 On The foreign mission
worf, tho other to become u member of
tho Wilmington conference. 1t ia my will
that this is to BIO continued perpetually,
aud that my son, Lennder franklin
Riddle, ahgli 30 arrange tho matter that a
permanent fund shall be created for oar
ryinl out this my intention OF constantly
prevailing for the education OF two young
men FOR tins work OF the ministry in all
coming timO, and that they (my son and
son-in-iaw) ,iurin@ their lie iime shall
hRvs tha paWar make the appoint.
nlepiB. aud III, ~ dr their deeeRsa that
power shall b. given to the Wilmington
Annual Conference to make selections,
end a. soon as my gaid son and sou-in-
law shall create auch SUN of money as
hey doom tuiioiant for tho purpose
Ibove mentioned ,hs abnve devise shall
lot be u charge on my real estate"
Ia a subsequent part Of the will the
iestHt)r gives instructions to his execu.
tors IN reatiun to this bequest as follows;
Item 29th-HGvinR in this, my will,
ordered aud diEsated that my OK ssutOxs
hereinafter neusd shall create fund
suiicitnt to psoduao an annual income
G1eqIa.a TO provide for the constant edu-
cation OF tEo young men for the ministry
IN the nie!ho list Episcopal church =
therefore, Ia fully insure the carrying
ont Of my int ntion and desire In refer
eRco to the several institutions or So
c;stiea raalad ia tits item OF my will,
1ttee tho Geugpse of my executors here
matter named, or their disability from
auy cause during thsir lifetime to per-
foEm tho duties imposed upon them in
reference to said Institutions or So
cieties, do order and direct my beloved
non, Lsander Ftanalia Riddle, to procure
frotu TIE Legislature of tho State Of Del
mo IN, or nF fnnprnnrntinR inNOrnnY-
pting beard of trustees, they and their
successors 10 trust Gus shall DO provided
for in tho act OF incorporation pro-
cured Es a'oreanid) a'tsr the deoease of
my executors or their disability from any
cuuse TO manage the fund orsatod for the
purpose heraIntofore mentioned shall
take charge OF tho fund so created and
keep tho Same securely Invested in the
Boule manor AS my executors are herein
directed TO do 40 long as they continue to
hold such funds, which ia perpetually."
LISTERS documentary were granted to
Hannah Riddle, William M. Field and
Iioande. 4. Riddle, the executors named
in tho will. The executors have paid all
the dsbtH OF the tsststor, and there re
main sufficient aud ample funds in their
hands to pay and discharge the legacy
bequeatbcd in this Dist item.
ilhe Drow Theological Seminary
founded in 1866 and Incorporated under
the laws of New Jersey in 1868, has since
then been maintained ana is now in oper
atien ut Madison as an institution for the
education Of young men for the ministry
OF the Methodist Episcopal church nnd
for service as missionaries in foreign
countries.
In 1875 sn cot was passed by the Legis
lature of Delaware entitled IAN act Il
30 sNNrN KNnF =
provisions of the last will and testRmen
OF James Riddle, deceased"
By this act Leander f. Riddle, William
Ii. Field aod hannah Riddle, and thei
guocesuors to be selected as therein pro
vidcd, are authorized to receive 'all SUM
Of money devised by James Riddle, de
ceased, for religious purposes, objects o
charity and educational purposes in al
cases where suoh legaoies are made to b
perpetual and pay over to the person o
persons Gully authorized to receive tn
same, in 81 oh sum and at such times q
the same il directed to be paid, unde
end by virtue of the last will and tosts
mcnt Of James Riddle, deceased, 40.
Bstween the years 1874 and 1880 tn
. executors, in Pursuance of tho provision
OF the Will, paid 10 the trustees of tn
Seminary 1910 or mare yoar, to provid
for thu education OF certain young mel
who had been duly appointed by the sal
Will am u. FiUil and Leander Il. Riddle
and tho said moneys wero duly apple
for the education OF tho persons 30 Of
pointed, vino, upon the completion {
their education ct tho Seminary, beoam.
respectively, members of the Wiimingtc
Conference or ministers to foreign coui
tf;o5.
Leander f. Riddle died May 18th, 1885,
AMI since that time tho Surviving exss'
torD have declined to make any sppoin
ments to .he Seminary.
M.. Tho iiTst question 10 docs the bequ5
contained in the 2ist item come With
the general description OF a chsritab
use? Withou. entering upon review
tho history OF charitable trusts 1t will
sufficient ia Raswer to this question to 7
fer to the we'll settled principles al
rules in this doctrine and which are
Iorgor opsu TO dcubt and cavil. A pu
lie or charitable trust ia for the benefit
an uncertain class of parsons who a
described in general language, and pr
take OF q quasi public character, as (
example tire 'po0r" of n certain distrl'
in u trust of a benevolent mature; or I
''children" Of certain town in TIT
for educational purposes. Il is also
distinctive feature Of charitable tn
that it may be unlimited in its duratio
and IL not subject 10 nor controlled
the EtatuteB which prohibit perpetulti