BOGGS, J.
This is an appeal from the judgment of the appellate court for the Fourth district affirming a decree rendered in the cause by the circuit court of St. Clair county. The opinion of the appellate court is as follows (Creighton, P. J.):
‘This was a bill of interpleader filed in the circuit court of St. Clair county by Lucius D. Turner, trustee, against Edward Abend, administrator of the estate of James H. Riggin, deceased, McKendree College, and the Endowment Fund Commission of McKendree College (a corporation). Edward Abend, administrator of the estate of James H. Riggin, deceased, brings the case to this court by appeal.
‘The statement of the case in appellant's brief, so far as is material to any issue raised upon the record before us, is sufficiently full and accurate, and is as follows: ‘On the 23d day of November, A. D. 1868, Elizabeth M. Riggin, then residing in Lebanon, St. Clair county, Ill., made her will and testament. On the 9th day of December, 1868, and on the 19th day of October, 1870, and on the 11th dya of August, 1873, she added codicils, which are, however, of no importance in so far as modifying or changing article 6 of the first will, and which article 6 forms the bone of contention in this suit. It is provided in article 6 as follows: ‘(6) I give and bequeath to my said executors and trustees, in the trust for my son James H. Riggin, now unfortunately an inmate of the Illinois State Hospital for the Insane at Jacksonville, the sum of ten thousand dollars (10,000), in United States bonds, to be by them, as trustees, held for the sole use and benefit of my said son James during his lifetime; and I direct that the annual interest, and a portion of the principal, if needed, shall be used to pay his quarterly bills at the above-named hospital, or some other good hospital, asylum, or retreat for the insane; and, if said amount of interest shall be more than sufficient to pay such bills, then I direct that the balance shall be, at the end of each year, added to the principal; and in case my said son James shall recover from his unfortunate condition, and become of sound mind, I direct that above-named sum, so increased or diminished, as the case may be, shall be, by the above-named trustees, paid over to the said James; and, in case my said son James H. shall never recover the use of his reason, then I direct that the said trustees shall, at his death, pay over the above-named sum, so increased or diminished, to the Commissioners of the Endowment Fund of McKendree College, to be by the said commissioners and their successors in office held in trust forever for the use of the said college, according to the rules and regulations of said Endowment Fund.’ The Commissioners of the Endowment Fund referred to seem at one time to have been a committee of individuals appointed annually by the trustees of McKendree College. The committee at the time the will was executed consisted of Henry Brown, W. N. Black, and G. A. Seaman. In 1875 W. N. Black resigned, and Luther Brown took his place. Luther Brown is now dead, and Henry Brown and G. A. Seaman ceased to be members of the committee, October 30, 1877. In 1893 a corporation was organized, naming itself the ‘Endowment Fund Commissioners.’ In 1894 this name was changed to the ‘Endowment Fund Commission.’ This Endowment Fund Commission, as a corporation, claims the absolute title to this fund. The rules and regulations of said Endowment Fund, mentioned in the sixth clause of the will, were certain rules and regulations adopted in 1859, and continuing in force, which controlled and regulated all gifts and donations to the Endowment Fund. It was provided among the rules that the commissioners should receive all notes, bonds, obligations, securities, moneys, or other properties, real or personal, coming to the said college, for the purpose of endowment, by donation, bequest, of otherwise. Article 3 provided that, on receiving moneys or other valid titles to other property, real or personal, said commissioners shall issue to the donors a certificate of the property received, and setting forth therein their right to recover under the law in case of a diversion of the funds from the objects specified. Article 4 provides that said fund shall be kept inviolate; the principal shall never be used; the interest thereon only to be paid to the board of instruction in said college. Article 5 provides that no part of said fund shall be loaned to McKendree College. Article 6 provides that the interest accruing annually or semiannually from said fund shall be promptly paid, when collected by the commissioners, to the incumbent board of instruction, pro rata, according to their respective salaries, but only upon orders duly issued by the auditor and countersigned by the treasurer. A schedule of the officers and salaries shall be furnished to them by the executive committee. These are, in substance, the rules and regulations mentioned in the will. This will was duly probated on the 27th day of July, A. D. 1875, in the probate court of St. Clair county, Ill. On the 27th day of July, 1881, the executors made their final settlement, and retained to themselves, as trustees, the James H. Riggin legacy, it having been reduced in various ways, so that at this last date it amounted to $8,962. Luther Brown, one of the executor trustees, having died, and Robert Allyn, the other executor trustee, desiring to resign, the circuit court of St. Clair county, Ill., on the 2d day of October, 1893, appointed Henry Seiter trustee for the legacy, and he received the sum of $14,394.88. On January 14, 1895, Seiter resigned as trustee, and Lucius D. Turner was appointed trustee, and received as trustee from Seiter the sum of $14,025.59. On the 29th day of September, 1895, James H. Riggin died an inmate of the Southern Illinois insane hospital. On October 2, 1895, Lucius D. Turner paid $163.70 funeral expenses. On the 19th day of December, 1895, Lucius D. Turner files his bill of interpleader, and offers to bring into court the sum of $14,025.59 and interest thereon from January 14, 1895, less the sum of $163.70 paid for funeral expenses. Edward Abend, as administrator of the estate of James H. Riggin, deceased, was made a party defendant to the bill of interpleader. The Endowment Fund Commission (a corporation) was made the other defendant. Edward Abend, as administrator, answered, and filed a cross bill, claiming this fund as intestate estate of James H. Riggin, deceased. The Endowment Fund Commission answered, and claimed the absolute fee-simple title to this fund by virtue of being the remainder-man under the sixth clause of the will. After the hearing McKendree College entered an appearance, and joined in the answer of the Endowment Fund Commission. The trial court gave a decree on the 8th day of June, 1897, and found that Elizabeth Riggin, in July, 1875, died in St. Clair county, Ill., testate, and left a will set forth in the pleadings. The court found that McKendree College was incorporated by a special act of the general assembly of Illinois, January 26, 1839; that the purpose of the corporation was the education of young men to engage in several...
