Rainey v. Laing

A testator, by the third clause of his will, gave and bequeathed to his executors the sum of $20,000 in trust to invest the same and keep it invested, and from the income to pay to his brother and sister $500 each, during their respective lives, and to pay annually the residue of the income to the general synod of the Reformed Protestant Dutch Church, to be applied to the support and education of pious, indigent young men preparing for the ministry; and upon the decease of either his said sister or brother, to pay annually the whole residue of said income, after paying $500 annually to the survivor, to the said general synod, to be applied as before mentioned; g,nd, upon the decease of the survivor, to pay said principal sum of $20,000 to the said general synod, to be applied as before stated. By the fifth clause,.the testator gave the residue of his estate to the said general synod “ to be applied to the support and education of pious, indigent young men preparing for the gospel ministry in that church.” Sdd, 1. That so far as the fifth clause of the will was concerned, the law of trusts had no application; there being but one trust created* by the will, viz. the one mentioned in the third clause, upon which there was no question, and the only relevancy of which was, so far as it tended to confirm the view that the fifth clause did not, and was not intended to, create any trust. 2. That the third clause showed that the testator was well advised as to the proper language to be employed when the bequest was to be held in trust; and that the fact of his not using similar phraseology in the fifth clause, only went to show that the devise therein mentioned was not intended by him to be construed otherwise than, by its terms, he had expressed it. 8. That the purpose avowed, in the fifth clause was, in the highest and holiest sense, both religious and charitable; and the devise was absolute in its terms ; no condition whatever being imposed. 4. That as the fee vested absolutely in the synod, there could he no doubt of the validity of this provision of the will. 6. That the question whether -the property, with that which the synod already held, would exceed in amount the sum to which its charter restricted it, could not be tried in an action brought by the executors, for the construction of the will. That that question was not to be determined collaterally, but only in a direct proceeding by the State. 6. That the condition imposed in the act incorporating the synod being, not against its taking, but against taking and holding, the corporation could take; but whether it could hold, was another question, not necessary or proper in this collateral way to be considered—a question purely of public policy, with which individuals had no concern, but in which the State, as the sovereign, was alone interested, and which it might either raise or waive, according to its pleasure.

APPEAL from a judgment entered at a special term. The action was brought by the plaintiffs as executors of James B. Laing, deceased, to obtain a construction of his last will and testament. The testator died at Kinderhook, New York, on the 25th day of. October, 1868. The defendants and respondents William L. Laing, a brother, Catharine E. Heermance, a sister, and Alexander K. Laing, a nephew of the deceased, are his only heirs at law, or next of kin. The deceased, by the second clause of his will, g£,ve and bequeathed his cabinet and collection of coins, minerals, shells, &e., to Rutgers College, New Jersey. -The third, fourth and fifth clauses of the will were as follows: “ Third. I give and bequeath to the executors of this my last will and testament, hereinafter nominated and appointed, or the survivors, the sum of $20,000 in trust, and for the purposes following, that is to say, that they or the survivors invest the same in their own names in and upon real estate or any stocks, funds or other securities in the United States generally considered good and permanent, and that they keep the same so securely invested, and that, from the income arising therefrom they pay $500 annually to my sister, Catharine E. Heermance, during the period of her natural life, and that they also therefrom pay $500 annually'"to my brother, William L. Laing, during the period of his natural life, and that they pay annually the residue of the said income to the general synod of the Reformed Protestant Dutch Church, to be applied to the support and education of pious, indigent young men preparing for the gospel ministry in said church, and that upon the decease of either my said sister, Catharine E. Heermance, or brother, William L. Laing, they pay annually the whole residue of said income, after paying the said $500 annually to the survivor, to the general synod of the Reformed Protestant Dutch Church, to be applied as above mentioned, and upon the decease of the survivor of my said sister, Catharine E. Heermance, and brother, "William L. Laing, I order and direct my executors to pay the said principal sum of $20,000 above bequeathed to them in trust to the said general synod of the Reformed Protestant Dutch Church, to be applied to the support and education of pious, indigent young men preparing for the gospel ministry in said church, the said $20,000.to be added to and form a part of the fund hereinafter mentioned in the devise and bequest hereinafter made of my residuary estate to the said general synod, and to be held, invested and applied for the purposes aforesaid as therein directed. Fourth. I give and bequeath my gold watch to my friend, Henry H. Van Yleek, of the city of Hudson, in case he should survive me. Fifth. I give and devise all the rest and residue and remainder of my estate, real and personal, of every name, nature and description whatsoever, to the general synod of the Reformed Protestant Dutch Church, to be applied to the support and education of pious, indigent young men preparing for the gospel ministry in that church, as follows : The said general synod to invest, or cause to be invested, the principal, and apply the income arising therefrom to that purpose. It is also my will that no part of the said income arising from the estate so given as aforesaid to the said general synod, shall be applied to the support or education of any such young man until he shall have entered upon the regular course of studies in Rutgers College, in the State of Hew Jersey, when the said income may be so applied; and I also direct and it is my will that any sum not exceeding $500 may be applied annually from said income to or towards the support and education of each one of such young men to whose support and education any part of said income may be applied. And it is also my will, and I direct that the $20,000 hereinbefore directed to be paid to the said general synod of the Reformed Protestant Dutch Church upon the decease of the survivor of my said .sister, Catharine E. Heermanee, and my brother, William L. Laing, when received by the said general synod, be invested as herein directed in regard to my residuary estate, and the income arisin'g therefrom to be applied to the support and education of pious, indigent young men preparing for the gospel ministry in said church, upon the same terms and conditions in all respects as hereinbefore directed-in regard to the devise and bequest of my residuary estate, my intention being that the said $20,000, when received by the said general synod, shall be added to the said residuary estate and form one fund, to be held and known as the “Laing fund,” and only the income arising from said 'fund to be applied to the purposes above mentioned. It is my request, in case any young man who shall have received aid from the aforesaid fund, shall at any time feel able to refund any of the moneys-applied to his support and education from said fund, or any part thereof, that he will pay the same to the general synod, or so much as he may feel willing and able to pay back, the same to be added to the principal of the said fund, but this request is not to be considered as binding upon any one to do so.” The property left by the deceased consisted entirely of personal estate. The heirs at law and next of kin claimed that the bequests to the synod were void. The action was tried before Justice Barnard, at the Hew York special term, in March, 1870. He subsequently rendered his decision, finding the following facts : 1. That James B. Laing died at Kinderhook, in this State, on or about October 25, 1868, leaving a last will and testament which has been duly admitted to probate, and a copy of which is annexed to the complaint. 2. That he left about $50,000 in personal property, in addition to the cabinet of minerals and watch specifically bequeathed ; that he left a brother and sister, William. L. Laing and Catherine E. Heermanee, and a nephew whose name is Alexander K. Laing, sole child of another brother who died before the testator, his only heirs at law, and next of kin, and they all reside in the State of Hew York. 3. That Rutgers College is a corporation, whose authority to take the bequest given to it by the testator, and the propriety of whose taking, is not questioned. 4. That the general synod of the Reformed Protestant Dutch Church, now known by the name of the Reformed Church in America, (and about the identity and certainty of which no question is raised,) was incorporated by chapter 110 of laws of 1819, (Sess. Laws of 1819, p. 129,) which among other things provides that the synod shall not take and hold real and personal property of the yearly value of over $10,000, (its capacity to take and hold being upon that proviso.) 5. That the only powers conferred upon the general synod by the constitution of the Reformed Protestant Dutch Church and of the Reformed Church in America, are the following, viz: Original cognizance of all matters relating to the theological school or seminary, the appointment of professors and their course of instruction; the appointment of superintendents of the said school and the regulation thereof; the power of regulating and maintaining a friendly correspondence with the highest judicatories or assemblies of other religious denominations; to constitute particular synods and to make any changes in the same; to exercise a general superintendence over the spiritual interests and spiritual concerns of the whole church, and an appellate supervising power over the acts, proceedings and decisions of the lower assemblies relating to Christian discipline or the interests of religion, and the general welfare and government of the church. That by such constitution the general synod has nothing to do with the pecuniary details of, or any pecuniary provision for the education of students preparing for the ministry of said church in any branch or department of such preparation, or the payment of their tuition or other expenses ; or the holding, paying or dispensing of any fund or funds, or sums of money for their benefit, during such preparation, or at any other time, or for the benefit of any person or persons who have entered upon the regular course of studies • at Rutgers, or at any other institution or place, or for the benefit of any person or persons whomsoever. ■ 6. That the general synod of the Reformed Protestant Dutch Church, at the time of the death of the testator had, and the general synod of the Reformed Church in America now has, no legal connection with Rutgers College, or its officers or students. 7. That at the time of the death of the testator, Rutgers College and the Theological Seminary of the Reformed Protestant Dutch Church at ÍTew Brunswick were, and now are, entirely distinct and separate institutions. 8. That before the incorporation of the general synod of the Reformed Protestant Dutch Church, it was a mere voluntary association, and that before and at the time of such incorporation, the general synod held no fund or funds, or property of the character of the fund attempted to be created or provided, or formed in and by the third and fifth clauses of said last will and testament. 9. That at the date of the death of the testator, the-synod held in perpetuity, and had permanently invested, property, real and personal, the annual value and income of which largely exceeded $10,000 per year. 10. That the entire estate left by the testator, is in the bands of the executors named in the will, who have instituted this suit to obtain the direction of the court in the premises, and the general synod comes in by its answer and asks this court to direct the executors to hand over the residue in controversy. On the other hand, the above named next of kin claim it. As matter of law, the said justice concluded that the provisions of the will were void, except those uncontroverted ; and ordered judgment that the executors deliver the cabinet of minerals to Rutgers College, the watch to Mr. Van Vleek, and the balance of the estate to William L. Laing, Catherine B. Heermance and Alexander K. Laing, share and share alike; the executors, however, in the first instance to retain their commissions and expenses, and such costs and allowances as might be made in their favor, or as they might be directed to pay the other parties or attorneys in this suit. And he further directed, in case the said executors and next of kin did not agree on a settlement of the estate, that a reference might be had thereafter on the footing of this decision; and that on receiving a final discharge and satisfaction from the next of kin, the executors should be forever discharged of and from all other of further liability, by reason of the estate so coming into their hands as executors of said will. And he directed the costs to be paid out of the estate, and the allowances therein specified. From this judgment the defendants, the general synod of the Reformed Church, appealed.