Coggeshall v. Pelton

A legacy of a sum of money to the town of New Rochelle, for the purpose of erecting a town house, for transacting town business, is valid as a charitable bequest.

WILLIAM HENDERSON, by his last will, dated January 16, 1812, among other legacies to individuals and -for charitable purposes, bequeathed as follows : “ I give and bequeath unto the town of New-Rochelle 1200 dollars, for the express purpose of building or erecting a town house in said town, for transacting town business, which sum I direct my executors to pay unto such persons as said town shall appoint to receive it, at a legal town meeting 5 they first giving my executors security, that the said sum shall be appropriated immediately, agreeably to the intention of my will; and until such security is given, I direct my executors not to pay the said sum.” And he appointed the defendants his executors. At a legal town meeting of the freeholders and inhabitants of New-Rochelle, on the 2d of April, 1816, the plaintiffs were appointed commissioners to build a town house for the town ; and, to remove the doubts entertained by the defendants, as to the safety of paying the plaintiffs the legacy, the plaintiffs were empowered to petition the Legislature for an act authorizing them to receive it. On the petition of the plaintiffs, an act was passed, April 11,1817, authorizing the plaintiffs, naming them as trustees duly elected and appointed by the town of New-Rochelle, to receive from the executors of William jffenderson, deceased, such sum or sums of money, as by the last will of the said W. H. is given and bequeathed to the town of N. R. Adequate security was offered to the executors, who, under the advice of counsel, declined paying the legacy to the plaintiffs, except under the direction of this Court. An amicable bill was accordingly filed, and an answer putin, submitting the question to the Court.