The Irish standard., 1901-07-20
A Celebrated Case Has Been Decided by a
Judge Toney of Louisville
Quite Recently.
Will Of John D. O'Leary Leaving Legacies
to the Bishops and Priests
Declared Valid.

Lie COlICeSleu Will case VI JOuu u.
O'Leary, prosperous business man of
Louisville, KY, is of interest to all
Catholics in the United States. He
died in 1898, leaving large estate. In
his will he bequeathed money for mass
es and for educational and charitable
purposes. One of the heirs contested
the will on the ground that the legacies
were indefinite and uncertain, and that
some of them were for superstitious
uses. Judge Toney, in his decision,
held that all the bequests were valid,
and said in part:
I shall take up in the concrete in this
case, first, those items of the will of
the testator, John D. O'Leary, which
bequeath money for the saying of
masses for the repose Of the souls of
the dead. These are items four and
thirteen And first, / may say, the
doctrine touching the invalidity of be-
quests Of any character, on the ground
that they are for superstitious uses,
never has been recognized in this coun-
try. In England every bequest was
considered for superstitious use and
void, which contravened, or was in
consistent with the doctrines of the
church established by law. If the Bap-
tist church had been the legal church
of England, then any bequest to sup
port or carry out the ceremonials or
tenets Of the Methodist or Presbyterian
or Episcopal or Catholic church, would
have been for superstitious uses, and
held to be void. And so, if the Presby-
terian had been the legal church, all
bequests for purposes that contravened
it's religious tenets would have been
void, as for superstitious uses. But
both under the constitution of the
United States and under the constitu-
tion of the state of Kentucky, there is
no legal church, or church established
by law in this state. In the eyes of
the law all religious denominations in
this state are equally orthodox. There
is absolute. religious equality, and the
law neither makes nor permits any
discrimination between different relig-
4Aious creeds or forms of worship. The
ceremonials, tenets and beliefs of one
church OF sect are just as sacred in the
eyes of the law as those of another.
The nature Of mass, like, preaching,
praying, the communion and other
forms of religious worship, is well I'M
derstood, and is no more superstitious
in the eyes of the law than any of the
tenets or doctrines of any other church.
And so the belief or doctrine of purga-
tory is just as sacred, true and valid in
the eyes Of the law as the creeds Of any
other religious denomination. "A be-
quest for the saying of mass is a be-
quest for an act of religious worship.
as much so as bequest for preaching,
or for putting memorial windows in a
church, or for supporting religious mu-
sic in church. The money directed.to
be used for such purposes is not con-
sidered as the purchase price of mass.
but as an aid to the maintenance and
performance of a religious ceremonial
by the clergy or priesthood. In the
case of Schoulers petition, 1874 Mass.
426, it was held that bequest of
money for masses was good charita.
bic bequest of the testatrix, and the
court said:
Masses are religious ceremonials, or
the observances of the church of which
the testatrix was member, and come
within the religious or pious uses
which are upheld as public charities" :"
To the same effect is Rhymer's ap-
peal, SO Penn. st. 142, Seibert's appeal.
18 w. N. Cas-. 276. And such ;beuuests
are just as valid as bequest for the
erection of public statue or monu-
ment to the memory of distinguished
hero. whether in the arts of peace or
war; and yet such persons thus COM
nlemorated are dead and cannot receive
the benefit OF such Offering.
Who has a right to set himself up
to pronounce judgment upon religious
ceremonials of the different churches.