Williams v. Williams, 745.

• Citation: 215 N.C. 739,3 S.E.2d 334
• Decision Date: 16 June 1939
• Docket Number: No. 745.,745.
• Court: United States State Supreme Court of North Carolina
• Parties: WILLIAMS et al. v. WILLIAMS et al.

3 S.E.2d 334
215 N.C. 739

WILLIAMS et al.
v.
WILLIAMS et al.

No. 745.

Supreme Court of North Carolina

June 16, 1939

.

.

[3 S.E.2d 335]

Appeal from Superior Court, Durham County; Q. K. Nimocks, Jr., Judge.

Action by J. R. Williams and others against John E. Williams and others to

[3 S.E.2d 336]

declare a devise in the will of W._H. Williams, deceased, invalid, and demanding possession of estate as heirs at law of the decedent. Judgment for defendants, and plaintiffs appeal. Affirmed.

R. O. Everett and Robt. Holleman, both of Durham, for appellants.

Brooks, McLendon & Holderness, of Greensboro, for appellees.

SEA WELL, Justice.

W. H. Williams died April 15, 1927, leaving a last will and testament, the pertinent provisions of which are as follows:

"This my last will and testament provides for the disposition of my estate in the following manner and after due and full consideration of same by myself and wife, that my wife, Susan Denmark Williams, provided she survive me, shall have full possession of my estate, real and personal and life insurance to use for her comfort and benefit during the remainder of her life, and at her death the estate shall be held in trust for a period of fifty years, the income, only, to be divided between the trustees of the Universalist General Convention, a corporation of the State of New York; The Woman's National Missionary Association, an auxiliary of the Universalist General Convention, and the North Carolina State Convention of the Universalist Church.

"The trustees of this estate shall be composed of nine members which shall be chosen from the Executive Boards of the three organizations, named above, three from each, they shall be elected to hold office for a term of two years, these elections to be made at the sessions of the General Convention after the first board shall have served until the next succeeding session of the said General Convention.

"These trustees shall have full control over the estate for the term for which they were elected and until their successors are duly installed in office. They shall also have at their disposal the income from the estate after the necessary expenses for upkeep taxes, insurance and such other expenses as may become necessary from time to time to keep the property in a tenable condition, or for such improvements, in a permanent way, as may seem wise and desirable, shall have been paid from the gross income and before any division shall be made. The Executive board of each of these three organizations named above shall have the power to designate the disposal of their prorate part of the income, provided however that it shall be used only for the advancement of Universalism in the State, the Nation and at large.

"Should there arise any question as to what may be considered the advancement of Universalism it is my will that it shall be interpreted to be the teaching of the gospel under the directions, and as prescribed by the above mentioned the Universalist General Convention Board. It may also be used for building and repairing of churches or parsonages, making donations to colleges or universities of the Universalist faith, helping worthy young men or women to secure a college education when it is their expressed purpose to enter the Universalist University after their education in such schools shall have fitted them for work.

"Realizing the value of higher education for the specific work of teaching and enlightening others in Spiritual truths, and the ever growing necessity for new and better institutions of learning it is my will...