Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-02-13

These definitions OF charitable trust
have been SO frequently and widely made
and accepted as to remove them from the
field of discussion. They arc supported
by long line OF decisions. Here Judge
Wales gives list Of the authorities re-
fsrred TO-
An instructive authority is that of the
"Beloved Wilkes Charity Of England l..
and Eq. 70 (1S5l)." In that case the tos-
tator had bequeathed to trustees the resi-
due OF his estate for the maintenance, |
education, qualifying for. and keeping at |
Oxford, of q lad In order to make MIN
minister of the Church of England;
which said lad the trustees should choose
from certain parishes, named in the will,
and OF parents unable to maintain and
educate him; and when and as soon as
such person should have taken the de-
gree Of bachelor Of arts, then, or before,
If the income would admit thereof, the
trustees should elect such another lad,
and 30 on in like manner forever. Tho
will had been made aud tho validity of
the bequtst had never been questioned.
The income of the charity amounted to
about 81 $50. The caae came before the
court on o petition protesting against the
manner in which tho trustees had exer-
cissd their discretion In making certain
election, in 1848, aud praying that the
same might be set aside and a new cleo
ton had. The opinion does not allude
to the character OF the bequsst, 1t being
apparently conceded, from the absence
of any objection that it was for valid
public charity, and the cnse Ia referred to
merely for the illustration 1t affords Of
the definition of charitable trugt, and
for the striking resemblance it bears, in
this rOspsct, to the will Of James Riddle.
The bsquOst under consideration is
not to the Drew Theological Seminary
nor was 1t intended directly for the ben
eff. of that institution. The seminary Is
to be made use OF as one Of the instru-
mentalitiss for carrying ont tho far -reach-
ing aim Of tho testator, the promotion Of
religion. NJ spreading abroad knowl-
edge 0: ruths of Christianity. This
beqnsst 1. he looked at rs having boon
designed GNhar for the promotion Of re-
| ligion o. for an educational purpose. The
training of young men for the Christian
ministry includes that education and ad-
vanoement which form the preliminary
preparation and discipline for tho sacred
Office of preaching the gospel. The Ill
innate purpose of the testator was to in
crease the number of those who should
thor eater devote their lives to pious
works bob at home and abroad. The
influence for good to mankind OF an edu-
Gated and faithful Christian minister can
not BIS estimated; it 10 beyond human
calculation and o bequest which is de-
signed to send forth annually, two well
equipped young men, ono OF whom shall
enter the field of religious instruction ct
home and the other shall carry the light
Of the gospel TO those who sit in dark
ness, is a public charity conceived in the
spirit Of the broadcast philanthropy and
should bs universally commended and
encouraged.
The object Of the bequest is specific
and definite, the directions OF the tes-
tRtor for giving it of act are clearly stated
and there ia nothing loft for doubt unle q
it may be in reference to the sum Of
money sufficient to carry out the inten-
ton OF constantly providing for the edu-
cation OF the young men for the work OF
: the ministry in all coming Tins. But
does the omission of the teatator tC
specify the amount which shall be Sc,
apart as fund for this purpose, render
, the bequest vcid for uncertainty and
thus defsat the expressed intention Of thu
, will2 No reason has been mentioned
nor is any authority cited to sustain tn,
} affirmative of this proposition. Oiroum.
stances might be imagined which would
cause bsquest to fail on account Of it,
| impractiosbility where, for instance, nc
eficiaries could be found answering
r to the description in the will or whers
7 the service Of the testator's estate was to
tally inadequate to supply the requisite
!, funds. But nothing of the kind oxist
r here. The trustees have once accepted
9 the trust, and cannot be released eIcep
: with the permission of q court of equity
Q Young men have been appointed, and tn
y expense of keeping them in the seminar!
4 for the allotted time is proximatel
n known, and it is q matter of easy calcula
ton to arrive at the amount of fun
+ which would yield yearly income stuff
o cient to incure the continuance Of tn
n charity. II there should DO any supplu
It income after detraying the expenses o
keeping two students at the seminary, tn
d distribution Of such surplus can be pre-
r yided for in advance or by application t
y o court of equity whenever the cor
IS tingency occurs. The guiding rule i
B. the construction of wills Is that the inter
If ton Of the testator, whom clearly know
Il and consistent with law and publ
70 policy, should be upheld; and chart
,r able bequest, above all others, Is to b
10 construed that it shall, II possible. b
ss executed In the manner described by th
sr donor.
a. An o, lection was intimated, rath,
than insisted on that the bequest may
% invalid on the ground that after
IS beneficiary shall become member I
10 the Wilmington Conference he may b
10 in accordance with the discipline, tran
n ferrcd by bishop to another conferenc
i'd Tue objection is untenable. When
0, beneficiary hes been prepared to becon
ID member OF the Wilmington Confereno
p or to go abroad M missionary 81
Ct offers himself in good faith for eth
,, purpose, the will OF the testator has bee
IN fully executed. The plan Of the testet
n does not concern itself with the future
the beneficiary further than it relies I
U, his good faith to continue to be and
u what he Wac educated for, 80 far az 1t ii
IT. in his power. The condition that 4
benefciarieS shall become respective
mt members of tho Wilmington Conferen
IN and foreign missionaries 10 oonditi,
10 subsequent and cannot affect the origin
OF validity of the gift.
be Here the court referred to an authori
re- already quoted Jones vs.. Habersham.
nd A membership in any body not OIL
no implies the enjoyment OF it's priviles
10 hut subjsctioI TO the rules governing
or The tsstRtor was oonversant with
re discipline OF the Methodist church 3
ar never contemplated that any benefois
Tor who should become m mber of the W
OF, minRton Conference, might not, unit
ne the discipline be transferred 10 d
~ - a.