The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-03-12
Judge Belden Holds That German
Lutheran Church Has No
Right to the Donation
HUSBANDS WILL BARRED IT
Court Holds That Widow Had Only the
Use Of The Money For Her Care
and Comfort and Not to Salts
fy Feeling Of Philanthropy
From Thursdays Daily.)


cation must pay to the heirs of the
late Christopher Voight the sum of
$500 which it is admitted that the
church received as a donation from
Mrs Weight seven years ago. The
church will not be required to pay any
interest as demanded by the heirs as
the courts holds that it accepted the
donation in good faith and that it would
be unjust to demand the payment of in
terest. The church leaders have not as
yet decided what will be done in face
of the decision of the court, but it is
possible that the case may be carried
to the Supreme Court.
The decision of the court is as fol
lows:
''This case seems so clear that it will
be sufficient to merely announce the
conclusion Of the court and eliminate
any discussion.
The court entertains no doubt that
the fifteen hundred dollars in question
here was a portion of the corpus of the
estate Of Christopher Weight, deceased
This seems conclusively proven. This
estate was given by the will of Chris
topher Voight, deceased, to his widow
for the support and comfort Of herself
and children, with power in the widow
to use SO much of the estate as should
be necessary for that purpose, and after
the death of the widow the remaining
estate to go to these plaintiffs. The
phrase of the will that ''the remainder
and residue" Of the property go to
the wife for the uses specified (Which
shall remain after her DEATH means
what remains after the legitimate au-
thorized use Of the estate.
The powers given to the widow by the
will did not include any power Of dona-
tion or gift to satisfy her kindness of
heart or any philanthropic purpose, but
only to use the estate as necessary for
the support and comfort of herself and
children, which necessity, when ques-
toned must be shown to have reason
able existed. A donation such as Mrs.
Voight made to this defendant congre-
cation, unquestionably made and re-
ceived with strictly honesty Of purpose,
was neither contemplated nor authorized
by the will. No showing whatever is
made that such donation or gift con-
tributed to her comfort, much less that
it was necessary to her support and com
fort
The fund in question was part of the
corpus Of the estate passing to these
plaintiffs, in remainder, not from Will
helnina Weight but from Christopher
Voight, and the attempted donation be-
ing unauthorized, these plaintiffs have
the clear legal right to recover it from
the defendant congregation. No pro
ceeding or judgment Of the County
Court stands as a bar thereto.
The plaintiffs demand not only that
the fifteen hundred dollars be paid over
by the defendant congregation from
but also that interest thereon be paid
by the denfendatn congregation from
the time of the death of Mrs. Voight.
Mrs. Weight died on or about January
18th, 1904. This action was begun
more than two years thereafter There
is proof that demand for said fund was
made upon the defendant by the plain
tiffs before this action was begun but
there is no proof as to the date when
demand was made. The trial of this
action has been delayed for one cause
and another for which the defendant is
not responsible and it would not be
equitable to charge defendant with in
terest according to the demand of the
complaint. Indeed, it appears to the
court, that, inasmuch as this fund was
received and held by the defendant in
unquestioned good faith and not with
held from these plaintiffs with any
wrong intent, there should be no claim
for interest.
The plaintiffs may have Judgment ac-
cordingly.
Dated March 4th, 1908.
E. B. Belden,