The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-10-04
THE PAIL WILL.

The Appellate Division Of III. Sfns...
Court for the Fire, Department In ~ -.
Of Manley We. Fiske ct al has r....,,.
handed down q decision oonstru M -. -,
OF Henry Howard Paul and susanna !.
charitable beouest under II.
Paul was an American citizen W. va
IN England and died there On De~srAA,
isoS. leaving personal property In r,-.,,
Britain and IN the State 81 New lor. "a,
made two villa; one he called ~ n,t,s
will and the other his American -. -.
present action was for the constr go, =,
the so-called American will. there n.rnr /,
contention that an attempted rHz-ftah.
beQueat hereunder was void
The Special Term sustained tho ,s.ar,
OF tho Request In question. The prov,s,o,
In controversy was az follows
After the above Iegseies are raid ~t,s,r,v.
necessary delay the sum remaining s.,ir. :,
executors To divide among such Amer - -
tiea a. they may think well 81 and Ha.4 ~.
these sums 10 be given 20 any society irs, ,,.,,,,
poor needlewomen seams uesseS, who's t-.r,,-
poorly reauited. 10 no such Organization st,,, "a.
money In be divided for the benefit ~ rr,,,,t
tA;ed sailors and their families.
The appellants contend that No trus' -,
created or indicated and that tho h.lr.,
was void for Indebtedness The ror,..
finds that this would he true were - no, "a.
the provisions OF Chapter 7Oi ofthsIa-.-
iso5 a. amended by Chapter 2sI ~ r-s L.,
Of 1901 The act provides thai ~ ~
grant or bequest TO religious. educs'io,,
charitable or benevolent uses which .,,r
In other respects be valid under the a-sS
this state shall he deemed invalid nv rsss,.
OF the Indebtedness or uncertain'v ~ N.
persons DESIGNATED a. the bensacia-.,
Hereunder in the instrument, creating ~.
same. and that N q trustee IL named IN ~.
instrument the legal title TO the pron.-,v
vests In him for the purposea indicated +,
the instrument otherwise the title ~ "A.
property shall vest in the supreme Cour,
Tho-e who contested the beaueH ma,
tanned that the statute did not apnv a,
the benenciaries OF the gift a. well a. N,
purpose were indefinite The court ansu..,
this objection by saying that u would ~
well founded " the testator had smplr
stopped with the direction that his sts~r.
tors divide the surplus among snch amer
can charities as they may think veil ~
But the words which follow the court Ana,
20 be equivalent to q command m.
primary purpose Of the beques' vas The.
SAYS Justice Miller. 10 assist poor needle
women The benehcia riea alone are \,
definite. and the case comes directly vtha
the statute
The court cites with approval a. the 49,
trolling case on the subject that Of Downs,
vs. Domestic and Foreign " 3 { {. ~
y Y. .Sa. In that case the words Of he
beQuest were
give devise and beaueath the sum Of um
TO be equally divided between the indian ni,.ls,,
and domestic missions Of the United State, y
memorism Of the late Mary A. Archer.
In that case as here the oour, held 'hn
although the clause was too indefinite n
construe as direct beauest II could h.
supported as q trust under the statute ana
that the Supreme Court could adninia.,
said trust. In conclusion Justice Mile,
says
Here ~ must be assumed that the ,e.u,or 4.
tended . valid disposition Of his property n.
object Nas IN assist poor needlewomen. u h.nse,
an Indefinite class Of persons. He therefor. r.
tended pubic charity. ~ 10 not 20 he ,uppo...
hat he intended the money In oe paid over y
uninoOrporated societies. and % course thateouA
not be permitted. I see no dimeuIty IN N. az
Of upholdinG this provision e. . truat for rAar
table USES. ire object % u being the assistance. u
poor needlewomen That purpose may he ~
com phshed through the medium Of any tncogps
rated sociery having that for ia obiecL The ~
pose IL suthcienty Indicated IN enable m. cou-t
To control the action Of the trustees and tn Ma.
the duty OF the Attorney. General On see thai u.
trust Il properly administered. This viii "a
svidsntly drawn by the testator himself H
purpose IL reasonably plain. and mink that u
should he carried out ~ any eject whAtever "a "
be FiVen 10 the statute In question.
The Appellate Division unanimouslv ~.
holds the bequest. but modifies the judamsr,
below. which provided tbs he Attorn.r.
General OF the state OF Ner York should \.
made trustee.