Buckley v. Monck

• Decision Date: 02 June 1916
• Docket Number: No. 17501.,17501.
• Citation: 187 S.W. 31
• Parties: BUCKLEY et al. v. MONCK et al.
• Court: Missouri Supreme Court

187 S.W. 31

BUCKLEY et al. v. MONCK et al.

No. 17501.

Supreme Court of Missouri, Division No. 1.

June 2, 1916.

Appeal from Circuit Court, Harrison County; J. W. Wanamaker, Judge.

Action by R. R. Buckley and others against J. Clarence Monck and others. Judgment for defendants, and plaintiffs appeal. Affirmed.

Barlow, Barlow & Kautz, of Bethany, and J. W. Perry, of Kansas City, Kan., for appellants. A. S. Cumming, of Bethany, and Kendall B. Randolph and Lewis F. Randolph, both of St. Joseph, for respondents.

BROWN, C.

This is a suit in ejectment for 210 acres of land in Harrison county, which is described in the record as the Buckley home farm. It was instituted December 16, 1909 by petition in the usual form. The plaintiffs are all the collateral heirs of A. G. Buckley, deceased, who died in August, 1887, without having had any children, and leaving a will devising all the land in controversy by the following paragraph:

"I bequeath first to my beloved wife Malinda Buckley home farm two hundred acres, described 160 acres S. W. qr. of section twenty and 40 acres N. E. of S. E. of section (19) and the E. ½ of the east half of southeast fourth of the southeast quarter of section No. (22) in Twp. 65 range No. 28 containing 10 acres to have and to hold during her natural life at her decease the said land mentioned above or the value thereof to be put on interest for the use of worn out preachers in M. E. Church in North Mo. Conference."

The widow died in September, 1909. Defendant Board of Stewards of the Missouri Conference of the Methodist Episcopal Church was a permanent committee of that conference and was on September 9, 1907, incorporated by pro forma decree of the circuit court for Clinton county, Mo., as a benevolent corporation by the name and with powers as they had existed theretofore, which were as follows:

"Sec. 1. To incorporate under the laws of the state of Missouri as a benevolent corporation.

"Sec. 2. To determine, subject to the action of the aforesaid annual conference, who are conference claimants of the aforesaid Missouri Conference as recognized in and defined by the governing rules and discipline of the Methodist Episcopal Church.

"Sec. 3. To receive, hold, and disburse any and all funds received by the aforesaid annual conference for distribution in aid of the support of conference claimants of the aforesaid Missouri Conference, as recognized and defined by the governing rules and discipline of the Methodist Episcopal Church, and as determined as aforesaid.

"Sec. 4. To receive, hold, and distribute any and all funds coming from whatever sources, intended for distribution in aid of the support of conference claimants as aforesaid.

"Sec. 5. To receive and hold as trustee any and all trust funds, including real estate and all forms of personal property donated or otherwise acquired, which according to the terms of the gift or grant shall be required to be held in trust for the purpose of producing an income, or for any other purpose whatever, for the benefit of such conference claimants as aforesaid, to invest or otherwise administer such funds, and to do and perform any and all things necessary to a proper performance of such trusts.

"Sec. 6. To receive and hold as trustee or otherwise any and all real estate and personal property subject to the payment of rents or annuities thereon, as may be granted, devised, or bequeathed for the benefit of the conference claimants as aforesaid, and to pay such rents and annuities thereon as may be required by the terms of such grant, devise, or bequest; provided that this association deems the acceptance thereof advisable.

"Sec. 7. To sell, dispose of, and execute suitable deeds of conveyance and bills of sale or assignments of any property received or held by this association in any manner and for any purpose herein specified, the alienation of which shall not have been prohibited by the terms of the grant under which it shall have been received.

"Sec. 8. To administer, hold, invest, or distribute any and all funds coming into the hands of this association for the benefit of the aforesaid conference claimants in such manner as may be prescribed by by-laws.

"Sec. 9. To decline any gift or grant of any fund or property incumbered with any provision for the administration thereof which may be deemed contrary to good morals or the general policy of the Methodist Episcopal Church.

"Sec. 10. To adopt a code of by-laws providing for the conduct of the business and affairs of this association and the administration, investment, custody, and distribution of any and all funds coming into its hands not inconsistent with the provisions of these articles, or the discipline or general policy of the Methodist Episcopal Church."

The territory of Missouri for the purpose of church government is divided by the Methodist Episcopal Church into two conferences, the St. Louis Conference, which includes that part of the state south of the Missouri river, and the Missouri Conference, which includes the part of the state north of the Missouri river. The latter is frequently and perhaps usually called the North Missouri Conference. The governing code of the church is the "Discipline," which designates as "conference claimants" those preachers who have failed to receive adequate support in their charges or other work, or are disabled or superannuated, with their wives, widows and children and, of these, disabled and superannuated preachers are designated in the discipline as "worn-out preachers." A list of all conference claimants is kept in the records of the annual conference, as these local or state conferences are called in distinction from the general conference, or governing body of the whole church in the United States; and at the time of the trial there were 26 worn-out preachers in the Missouri Conference. When this suit was instituted, and at the time of the trial, the defendant Monck was in possession of the premises as tenant of the defendant Board of Stewards.

At the conclusion of the testimony the court, at the request of defendants, found as follows:

"That said corporation named Board of Stewards of the Missouri Conference of the Methodist Episcopal Church is not a religious corporation, but is a charitable organization for the purpose of administering charity for the benefit of those dependent upon said conference.

"That said Board of Stewards of the Missouri Conference, Methodist Episcopal Church, are lawfully in possession of said real estate as trustee as aforesaid, by and through its said tenant, and are entitled to hold same and administer same for the benefit of the worn-out preachers aforesaid, and that the title thereto is vested in them."

It thereupon rendered judgment for the defendants, and the questions so raised have been properly saved and brought to this court for review. The appellants state their case here as follows:

"1. The trust attempted to be created in the will of A. G. Buckley by the words, `at her decease the said land mentioned above or the value thereof to be put on interest for the use of wornout preachers in M. E. Church in North Mo. Conference,' is not valid, because (a) it is vague, indefinite, and uncertain, and there was no trustee named or indicated in said devise or in said will to take the title to said property or to administer said trust or to designate or select or ascertain the beneficiaries of said pretended trust, nor was there any plan, scheme, or manner of executing or carrying out said pretended trust provided for or indicated in said devise or in said will. (b) Even if it be conceded that the above-quoted clause would create a valid trust if a trustee had been named, notwithstanding that there was no such organization as the North Missouri Conference, yet, when no trustee is named who could select or determine the beneficiaries, and no plan pointed out in the devise for determining the beneficiaries and administering the trust, it is void.

"2. The defendant corporation, the Board of Stewards of the Missouri Conference of the Methodist Episcopal Church, is clearly a religious corporation within the meaning of section 8 of article 2 of the Constitution of Missouri, and therefore the finding and judgment of the court, that the title to the land in controversy is...