The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-07

Francisco, Cal, brother of the de-
ceased, and the second part to the st.
Paul branch of the Salvation Army, to
be held by the executors and admin
istrators so that the proceeds, rents,
ETC., should be invetsed in a lot upon
which should be erected a permanent
place of worship for the army. The
remaining third share of the estate
was bequeathed, 500 to Jonathan Ea-
ton, brother of the deceased; $1,000 to
Maria Caution, his sister, and the re-
manning portion to the Central Park
Methodist church.
The requests to the Salvation Army
and to the Central Park church are
the occasion of the suit, as the phrase
ology of the will in respect to these in
stitutions has created doubt in the
minds of the executors in regard to
their powers in the matter. Rev. Will
lam Mckinley, pastor of the church,
was on the witness stand, as was Maj.
Clifford, state commander of the Sal
walton Army, and Capt. Jewell, of the
st. Paul branch of the same organiza-
ton, and each told Of the workings
and corporate rights of the two insti-
tutions. The testimony in general SUBJ
Stimulated the claims made in the an
swers to the suit. The church in it's
dLSWSI lllctI IL was Oil III
corporated religious institution and en-
titled to hold property under the laws
OF the state. No actual answer was
filed by the Salvation Army, but it
served notice to retain its interest in
the suit.
The claims Of the relatives Of George
Eaton, the deceased, as contained in
their answer, was to the effect that
the Salvation Army was not an incor-
porate body and possessed no legal en-
tity, thus being disqualified from hold
ing property. They also advanced the
claim that the Central Park church
was not, at the time Of the death OF
George Eaton, nor is at the present
time, an incorporated society. On these
allegations the arguments Of the op~
posing counsel were based at the con-
clusion of the taking Of testimony.
H. j. Horn appeared for the Saliva
ton Army and Attorney Budd for the
church. The argument was presented
by Mr.. Horn, who claimed in regard to
the Salvation Army that if the be-
quest was in real property it was in
conformity with the statutes regu
lating charitable trusts that the prop
erty be held and administered by the
executors for the Army as stipulated
by the will. For this purpose the Army,
it was urged, was an organized society
and the question of it's Incorporation
did not enter into the case. If the
property bequeathed was Of a personal
nature Attorney Horn argued that the
statutes of charitable trusts of Mime
sofa did not obtain in the case at
issue The same plea was made in re-
gard to the rights of the Central Park
church, with the exception that 1t was
claimed to be fully incorporated and
by reason of this, entitled to receive
and administer it's own bequeSt.
Ambrose Tighe, in presenting the
case of the heirs, argued that the pro-
vision OF the will in regard to the
Salvation Army created an illegal per-
petuity of the property involved as the
army could never itself come into pos
session of the bequest, but must re-
ceive its interests, rents, ETC., through
trustees always, and that when the
present trustees died. others would
have to be appointed by the district
court to take their places. In the mat
ter of the legal right Of the church
to enter into it's share of the property
it was claimed that as the will stipu
lated that the money left to the church
should be used for the cause of home
and foreign missions, it was also con-
stituted a trustee, and could not indiv
vidually and Immediately become pos
sessed of the bequeathed property aa
contemplated by the will
The case occupied the attention Of
Judge Otis throughout the entire day,
and as the argument was not con
Guided at a late hour in the afternoon,
it was continued until Monday morn
ing.