Goodhue v. Clark

An exeeutor may file a bill for direction of the court in executing a will, the construction of which is doubtful. Proof of the situation and circumstances of a testator and his family, of his property and legatees, and the like, are always admissible to aid the construction of a will.

In Equity. The bill states that ~W. Clark, deceased, by his will gave legacies to his wife, brothers and sisters, and to the Home Missionary Society, $150, and to the Foreign Missionary Society $150, and directed his real estate to be sold after his wife’s decease, and gave two thirds of the proceeds to the Foreign Missionary Society, and one third to the Home Missionary Society, and appointed the plaintiff his executor. The will was duly proved, and the plaintiff accepted the trust of exeeutor, and the widow is since deceased. The heirs deny that the charitable gifts can be carried into execution. The American Home Missionary Society, the New-Hampshire Missionary Society, and the American Board of Commissioners for Foreign Missions, claim that they are respectively entitled to these charitable gifts. It prays that the defendants may answer and set forth the rights they claim under the will, and how they make out their claims, that the estate may be applied according to the will, the charitable bequests may be established, and directions given for carrying out the same, &c. The answer of the heirs admits the allegations of the bill, but claims that the trusts of the will cannot be executed, because there are no such corporations, or associations, as the Home Missionary Society, or the Foreign Missionary Society. It denies that by Home Missionary Society is meant the American Home Missionary Society, or that by Foreign Missionary Society is meant the American Board of Commissioners for Foreign Missions. It submits that besides the societies above named, there are other home missionary societies, as the Board of Domestic Missions of the General Association of the Presbyterian Church in the United States of America, the American Baptist Home Missionary Society, the Board of Domestic Missions of the Dutch Deformed Church in the United States, and the Board of Domestic Missions of the Protestant Episcopal Church of the United States. And besides the American Board of Commissioners for Foreign Missions, there are other foreign missionary societies : as the Board of Foreign Missions of the General Association of the Presbyterian Church in the United States of America, the American Missionary Association, the American Missionary Union, and four others named— all of which had long existed, &c. The testator, when solicited to give to the said American Board of Commissioners, refused, and absented himself from the house of worship when contributions were to be taken for them. For the last ten or twelve years of his life he withdrew from the Congregational Church, and their meetings and communion. The heirs deny that it appears by the will which of these societies is intended, or that the claimant societies were intended. They claim the estate as heirs at law. The answer of the American Home Missionary Society and of the New-Hampshire Missionary Society admits the allegations of the bill; claims that the charitable gifts may well be carried into execution; claims that the New-Hampshire Missionary Society is the party intended in the bequest to the Home Missionary Society, and the legacy should be paid to them; states that the American Home Missionary Society is an association formed to assist con-. gregations unable to support the gospel ministry, and to send the gospel to the destitute in the United States, &c., doing business in New-York city. The New-Hampshire Missionary Society is a corporation established by the law of New-Hampshire, doing its business at Concord; having for its object the support of missions and the spread of the gospel in New-Hampshire, &c. The said New-Hampshire Missionary Society is auxiliary to the American Home Missionary Society, having the same objects in view. The contributions and legacies for home missions in New-Hampshire are distributed through the New-Hampshire Missionary Society. The New-Hampshire Missionary Society, whether understood as separate or as auxiliary, as aforesaid, is commonly called the Home Missionary Society; the funds of said society are mainly derived from contributions and bequests from congregational societies, &c. It is the society to which Orthodox Congregational churches and societies, and their members, make contributions to aid home missions, and there is no other society so known, or denominated by Congregationalists in New-Hampshire. The deceased was a member of the Orthodox Congregational church, and had been for many years, and expressed great interest in home missions, as conducted by said New-Hampshire Missionary Society; had contributed to its funds for twenty years; was a subscriber for the Home Missionary, a periodical issued by said American Home Missionary Society, and in his life expressed an intention to make a bequest to said New-Hampshire Missionary Society, &c. It denies the right of the heirs, and prays the executor may be decreed to pay said legacy to said New-Hampshire Missionary Society. The answer of the American Board of Commissioners for Foreign Missions admits the facts alleged in the bill; claims the charitable gifts may well be executed; claims they are intended in the bequest to the Foreign Missionary Society; states they are a corporation established by the laws of Massachusetts, by the style aforesaid, and their place of business is Boston; their object is propagating the gospel in heathen lands, by supporting missionaries, &c. Said corporation is generally known and designated in the community as the Foreign Missionary Society. Their funds are mainly derived from contributions of Congregational churches and societies, and legacies of their members. It is the corporation to which Orthodox Congregational churches and their members usually contribute in aid of foreign missions ; and there is no other corporation or association usually known among Orthodox Congregationalists in New-Hampshire, as the Foreign Missionary Society. The testator was, and for many years had been, a member' of the Orthodox Congregational church in Hancock, which contributed for foreign missions to this society. The testator so contributed with others, was a subscriber to the Missionary Herald, a monthly periodical issued under their direction, giving accounts of foreign missions conducted by them, and expressed great interest in those missions. This board is the only foreign missionary society to which the church in Hancock, or to which Congregational societies, or their members, usually contributed, &c. They deny the claim of the heirs-at-law, and pray a decree that the legacies may be paid to them. General replications are filed to the answers.