The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-03

70 this objection. Considered in sconnec-
tloh with the rest of the language in the
paragraph it means that in case she has
created trust that is Illegal as beyond
the corporate powers or has given d.
rectlon that the corporation has no legal
power 10 carry out, that the entire fund
snail vest IN the corporation freed from
the trust and Illegal directions and be de-
voted by said corporation to the aims
and purposes she had in making the will
to-Wlt: TO furnish through suitable and
legal corporate action and authority re-
lief and charity for the worthy poor who
may reside from time to time within the
limits of st. Paul, Minnesota
I1e words free from any prohibited
trust feature could have been omitted
ana the intention Of the testator would
nave been sufficiently clear I fail to see
tnat their insertion renders her inten-
tlon less certain. Indeed these words and
others of similar import elsewhere in the
Will serve to show more clearly that the
testator regarded her directions as to the
uetaHs OF the administration and the use
Of the fund as Of minor importance and
entlrely subordinate to the one great idea
thdl lhe estate should vest in the cor
poratlon and be used, in pursuance or its
corporate powers and in furtherance Of
It's corporate objects. to furnish relief and
cnarlty for the worthy poor of ST. Paul
Disposition Is Valid.
II an absolute devise to the corporation
was intended, though contingent upon the
lIegahty OF devise in trust made to
IS a valid disposition of the property. If
the teStator has made illegal trusts or
dlrecti05ns, but provides that if they are
held illegal the estate shall vest freed
from them, believe that her expressed
intention to that end can be given legal
effect. Nor. do think it important that
the testator has not named the particular
trusts or the particular directions that
the estate shall be freed from The law
VIII do that, and in so doing it is not
making a will for the teStatOr, but carry
ont 1ll.naa Srxk-- 49,.
ed it. -'''' e1>l'i e''
think that what have said disposes
OF the argument that no corporation could
pc formed under the laws of Minnesota
WIN powers ample and germane" to
take the estate and to carry out the di-
rectl0nS of Mrs. Wilder. Certainly chap
Ter !5S, Laws of 1895, authorizes the for
nation. of a corporation to furnish relief
and charity to the worthy poor of ST.
Paul, and with power to receive dona-
lions, requests and d Tises for it's cor
Porate purposes, or any of them. This law
does not authorize the creation Of trusts
put 1t does authorize the formation of a
corporation that is capable of taking a
request or devise and for furnishing re-
lleI ana char1ty to the worthy poor.
Devise Is Not asTrust.
The corporation is not a trustee, nor is
devise for its corporate purposes a
trust AS l conStrue Mrs. Wilder's will
as an absolute devise to a corporation
thereafter to be formed for furnishing
through us corporate powers and in
pursuance of its corporate objects. relief
and charity for the worthy poor, and
freed from all trusts or directions foreign
70 TINS object, there would seem to be no
difficulty under this law, and probably
none under the general laws, in the crea-
ton OF corporation with powers ample
ana germane" to take the estate and use
it as directed by the testator
Ny conclusions, then, are that Mrs.
Wilder intended by her will to make an
absolute devise and bequest to a cor
poration thereafter to be created, and
that the will expresses this intention;
that this is a valid executory devise. and
not a trust; that the laws of this state
authorized corporation to be created
with corporate powers ample to take the
estate and carry out the directions of
the testator as to its use. through its cor
porate powers and in furtherance of its
Fanny S. Wilder. therefore. made a
valid testamentary disposition of her es-
tate, and her nephews and nieces inherit
nothing. They have no interest in the
subject of this action