Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-01-09
LEGACY FOR MASSES.
KANSAS SUPREME COURT UPHOLDs
IT AS LEGAL.
NOT FOR SUPERSTITI0Us USES.
CATHOLIC DOCTRINE OF PURGATO-
RY REVIEWED.
Court Holds That the Request Was
"-ReasonabIe and consistent"
md Not Contrary to Letter
or Spirit of Law-Oth-
cr Decisions.

Topeka, Kas., Jan. S.-rSpecial) TIL
Kansas supreme court to-day handed dow
an opinion in the case of Abbie Harrison
against Thomas Brophy, in which it up
held the right of a member of the Roman
catholic church to bequeath money to
priest TO say masses over his body aftel
Death. Mary Brophy. a widow was
membe of the Catholic church in Franklin
county. She died after having executed I
VIII in which she bequeathed to Rev. James
Collins 500 for him TO say mass for he
and her husbands souls. Collins was hel
grandson. The validity of the legacy made
TO the priest was denied by the heirs OF
Mary Brophy. They contested the will
They claimed that it undertook to create
a trust. the beneficiaries of which are
disembodied spirits. in whose favor nc
trust can exist; that the trust, If otherwise
valid, is void for uncertainty in the "ces-
tuis qui trustent," and that the gift is void
because repusnant 10 the ancient COM
mon law against requests for '.supersti-
tious uses" The district court of Frank
lin county upheld the will and the heirs
appeal it TO the supreme court. The
opinion was handed down to-day. The
syllabus holds:
Construed as n Donation.
"A bequest of a sum of money made in
the will of a member of the Roman Cath
ole churchm for the celebration of mass
Tor the souls of the testator and another
Will be construed as a gift direct to the
Gnnan D-i. 49,
ahce of the ceremonial name, and not
as made to him in trust for such purpose,
and, therefore, void because incapable of
enforcement by beneficiaries in being.
"Th English common law which avoid
ed the requests of the kind above stated
as being for superstitious uses never be-
came a part of the law of this country,
and the validity of the gift for the pur-
pose named. is, therefore, upheld.
In discussing the case, the court says:
TO interpret properly The part of the
VIII in question and to determine whether
effect can be given to ii we must bear in
mind the Catholic church doctrine of purg-
atory. Purgatory is defined by an author
ftative expositor of the church's creed to
be "A state of suffering after this life, in
which those souls are for a time detained
who depart this life after their deadly sins
have been RENTED as to the stain and
guilt, and as TO the everlasting pain that
was due to them; but VINO have. on account
OF these sins, still some debt of temporal
punishment TO pay; as also those souls
which leave this world guilty only of venial
SIN; In purgatory, these souls are puri-
ned and rendered lit to enter into heaven
where nothing defiled enters
"Devotees of this church also believe
that souls in pugatory are relieved by
nhe sacrlhces of man, by prayer and pious
works and aims deeds
Reasonable and Consistent.
"Scriptural authority. as it is recognized
by Catholics, though by others regarded
as apocryphal, exists for the practice of
Offering prayers for the dead and for con-
tilbutlons for the church to enable it to
perform its offices in their behalf
And making a gathering he CIudas
Machabeus) sent u. 900 drachms of silver to
Jerusalem for sacrifice to be offered for
The sins of the dead. dor If he had not
hoped that they that We're slain should rise |
again IT would have seemed superfiuous to |
pray Tor the dead. And because he con-
with Goodness had grace laid up for them.
" rs; therefore, a holy and wholesome |
thought to pray for the dead that they
IN the light of these beliefs. the act of
MARY Brophy in making the bequest is
reasonaDle and consistent, and should be
tive rule of law
The opinion then quotes the bill of rights
anu iHe fAstnSdS constitution and the con-
stitution of the United States. refers TO
English statutes favorable to religions toI.
and continues:
Many other provisions illustrative of the
degree OF religious liberation allowed 10
The people of this coutry might be ouoted
The Request of Mary Brophy is valid by
ne let,er oil many of them and by spirit of
mem az: We may question the sound
ness OF her belief and may deride the eff
ncacy OF The service she desired TO have !
performed. but the law has no care for
of faith as TO spiritual things
and VIII, therefore, sanction the beauest
she mas made. The law interferes with no
mere religious opinions nor with religious
except such as tend to subverf
The foundation of public morals and or
County Clerk Ousted.
The court, in n case appealed from Short
county. decided that where a county
clerk goes into collision with other nortios
10 oefraud the county out of money on rab-
bit %bounties. 1t is sufficient cause for re-
moving him from Office. 1t seems. by The
of the case: that County Clerk J.
Mcpherson. of Sheridan county Went
into a deal with some other parties where.
by he counted rabbit ears over about n half
iozcn times. and cashed them as MANY
lines. Proceedings TO Gust him from Of
ice for misconduct Were commenced in
Sheridan county. and Mcpherson was GUST
That tribunal to-day affirmed the
decision of the lower court.
Other opinions handed down by the su-
1reme court to-day follow:
ttSt III opintOnS.
BY Chief Justice Doster-St. Louis and
san Francisco Railway Company VS.. Will
Sherlock. error from Wilson county.
lfiirned: John Deere Plow Company ct al
IS. Emporia National bank ct al, error from
county: affirmed: Richard A. Park VS..
" r. BuSenbark ct al. error from court Of
,i'peals, dismissed, Chief Justice Doster dis
;enting.
BY Justice Johnston-w. d. TAYLOR. adj
Illustrator, etc, US. Scott L. Winnie Ell al.
,fror from Reno county, affirmed: Winston
iierSon vs.. the ST. Louis * San Francisco
Company. error from Greenwood
affirmed: the Rock Island LumbeI.
ma Manufacturing Company VS.. A. r. FL
lott ct al. error from Sumner county af-
il med: State vs. Calvin Hayes, apneai from
Shawnee county. reversed.
BY Justice Allen-Marie Steinbuchel Of al
-. Lane. error from Sedgwick county .f-
irmed; ID. +. Sewers VS.. Albert Parker or
or from Shawnee county. affirmed: / a
Gilmore and +. Z. Gilmore. admiuist ra tors
-. u. c. Gilmore ct al. error from Miami
ounty. affirmed: Martha Harrison ct al We
,iasonic Mutual Benefit Society, error from
shawnee county. affirmed. Judge ,Jobnsfon
!ot sitting; w. {. Long vs.. City of Emma
ia. error from Lyon county. reversed. !
Ienton Gordon ct al vs.. s. NJ. BodweiI et F..
i. error from Wyandotte county, reversed. ,
Per Curiam-Jennie V. Andrews ct 2! VS. s
4. Harmon ct al. error from Mem i
lha county. affirmed: Janis, Saunders & {
%. ct al VS. First National Bank of Bor- .
on ct al. error from Brown county. dis !
missed: Stern, Lauer. Shohl * Co, VS. Craig !
Brothers ct al. error from Brown couue !