The Providence news. (Providence [R.I.]) 1891-1906, 1899-04-19
Mr.. ANGELES
$1,000 GIFT.
St. Peters Church Society Seek
ing TO Secure the Money.
REQUEST WAS MADE IN WILL.
eyecuiri1 Contends That The Society Is Not
Entitled 10 Relief
CASE ARGUED ON DEMURRER TODAY.


Before Chief Justice Matteson and
Justice Tillinghast was heard this
morning the respondents demurrer to
the bill in equity filed by St. Peters
church against Helen A. Brown, eXecu-
trix on the estate of the late Elisha
o. Angel. The bill was brought TO re-
cover a bequest OF $1,000 under the fol-
lowing provision in Mr.. Angels Will:
II hereby give and bequeath the sum
OF $1,000 to ST. Peters Protestant Epis-
copal church i'm Manton. in trust for
ever, TO use and apply the income
therefrom sccruing for such purposes
in connection with the maintenance
and support of said church as to the
rector and wardens of said church shall
seem best" The prayer OF the bill is
that the complainant 'be appointed
trustee To receive and hold said legacy
and dispose of the same for the pur
poses in the manner appointed in said
WIZ and for other and further relief.
There are five points of demurrer to
the bill. The first is that on the day
OF the execution OF the codicll of the
will OF Elisha q. Angel. as alleged in
the plaintiffs bill OF complaint. the
said ST. Peters Protestant Episcopal
church in Manton, All incorporated
body, was inca pable of receiving or
executing a trust. Second, that there
was not, during the lifetime of the said
Elisha o. Angel nor at his deceaSe,
nor at the time OF the probate of his
will body inhoate or corporate
known as St. Peters Protestant Epis-
copal church in Manton capable of ad-
ministering the trust provided for in
the codicil nor any other trust. Third
that the complainant corporation ere
ated a. alleged June 13. 1898, nearly five
years from the probate of the Will and
codicil OF the testator. which was ad-
mitted to probate on, to-wit: Sept l9,
1898 is not legally nor equitably COM
petent TO maintain an action against
the respondents al this time Fourth,
that IL so competent TO maintain an ac-
ton for the recovery OF the amount
named in the coaicil IL has an adequate
remedy at law Fifth. that the COM
plainant has not in and by the bill OF
complaint made or stated such a case
as does or ought to entitle IL TO the
relief thereby sought.
Mr.. Fitch OF Wood & Fitch, counsel
for the respondent, on his brief urges
that the law is too clear and we'll de-
fined to waste any time in argument on
the third point. And whatever may be
the status of purely voluntary associ-
ations under the modern legislation in
other states they have never been rec
ognized i'm this state except as aggre-
cations OF individuals possessing no
aggregate power. and having no status
otherwise under the common law. They
can neither sue nor be sued and while
il is conceded they may accept gifts
from the living, It is denied in toto that
they can accept in this state a testa-
mentary devise or bequest for any pur-
pose whatever. Gifts to voluntary as
sociations in trust for charitable pur-
poses have only been upheld in those
states where such associations have
been clothed with especial powers for
certain purposes and made quasi cor
porations by statute
Mr.. Fitch In concluding his argument
to the court said that the complainant
was entitled 10 no relief whatever, for
without dwelling on the anomalous
prayer Of a party claiming 10 be a
cestui qu trust TO be appointed trustee.
Il is urged by the. respondent that the
bill must show that a trust has been
created. and second. tnat valid trust
is I'm danger OF failing for lack OF a
trustee. neither Of which propositions
were stated I'm the complainants b,ll.
i. II. Bassett argued that a trust had
been specifically created and IL only re-
mained for the court under its general
powers TO appoint the complainant
trustee.