Bosworth v. Massachusetts Woman's Christian Temperance Union, Inc.

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: QUA
• Citation: Bosworth v. Massachusetts Woman's Christian Temperance Union, Inc., 299 Mass. 93, 11 N.E.2d 916 (Mass. 1937)
• Decision Date: 28 December 1937
• Parties: BOSWORTH v. MASSACHUSETTS WOMAN'S CHRISTIAN TEMPERANCE UNION, Inc., et al.

299 Mass. 93

11 N.E.2d 916

BOSWORTH

v.MASSACHUSETTS WOMAN'S CHRISTIAN TEMPERANCE UNION, Inc., et al.

Supreme Judicial Court of Massachusetts, Middlesex.

Dec. 28, 1937.

Petition by Mabel D. Bosworth, executrix of the estate of Juliet Blanchard, deceased, for instructions in the probate court for the county of Middlesex, wherein the Massachusetts Woman's Christian Temperance Union, Inc., the Boston Young Women's Christian Association, and others, were respondents. From a decree entered by order of Monahan, J., the Boston Young Women's Christian Association appeals.

Affirmed.Appeal from Probate Court, Middlesex County; Monahan, Judge.

R. F. Barrett, of Boston, stated the case.

A. Julian, of Boston, for Boston Y. W. C. A.

V. P. Clarke, of Boston, for Morgan Memorial Co-Operative Industries and Stores, Inc.

G. B. Hayward, of Boston, for Massachusetts W. C. T. U., Inc.

QUA, Justice.

Juliet Blanchard, late of Acton, the petitioner's testatrix, died in 1936 at the age of eighty-six, leaving a will dated December 19, 1931, and containing in numbered clauses legacies to various relatives and in clause ‘Eleventh’ a bequest of the residue to the Hillside Home for Boys in Marlborough. She also left this codicil made in 1934:

‘West Acton Massachusetts

‘Codocil to Will of December 19th 1931

‘Cancil Clausses 8th 11th

‘Residue to be given to help the Poor under the direction of the Morgan Memorial of Boston and The Womens Christian Association.’

The half interest in the residue given by codicil to ‘The Womens Christian Association’ is now claimed by each of two corporations, Boston Young Women's Christian Association and Massachusetts Woman's Christian Temperance Union, Inc. As the name mentioned in the will is not the true name of either claimant, parol evidence was properly admitted as an aid in construing the words used in the codicil. Tucker v. Seaman's Aid Society, 7 Metc. 188, 208;Kingman v. New Bedford Home for Aged, 237 Mass. 323, 326, 129 N.E. 449. That evidence is not reported.

The judge made the following findings with reference to Massachusetts Woman's Christian Temperance Union, Inc.: Until 1920 this respondent had a local chapter in Acton comprised mostly of elderly persons. The testatrix had been an active member of this chapter, had been vicepresident, and had attended the meetings regularly. The testatrix's sister, with whom the testatrix lived, had been president and treasurer. The testatrix was very proud of her membership in this organization. She had bought life memberships both for herself and for her sister. She occasionally wore a pin inscribed with the letters W. C. T. U. After the discontinuance of the Acton chapter she corresponded frequently with the office in Boston. This respondent does charitable work, giving help to the poor of families in which there is intemperance. A great part of its time is devoted to the relief of the poor. The testatrix contributed money and time in aid of this charitable work. During the Christmas season she would go to the headquarters to assist in the preparation of Christmas baskets. This organization was the testatrix's chief interest.

With reference to the respondent Boston Young Women's Christian Associationthe judge made these findings: It is organized to provide for the physical, moral and spiritual welfare of young women in Boston. It maintains two homes in Boston for girls and women where a charge is made for the services given. Its membership is State wide. It has a special relief fund created and maintained by bequests from various persons the income of which is used for relief purposes for girls and women. It is sometimes referred to as ‘Women's Christian Association.’ The nearest Young Women's Christian Association...