Deserving Poor Boys Priesthood Ass'n v. R.I. Hosp. Trust Co., 1149.
| Decision Date | 29 May 1933 |
| Docket Number | No. 1149.,1149. |
| Citation | 166 A. 359 |
| Parties | DESERVING POOR BOYS PRIESTHOOD ASS'N et al. v. RHODE ISLAND HOSPITAL TRUST CO. et al. |
| Court | Rhode Island Supreme Court |
Bill in equity by the Deserving Poor Boys Priesthood Association and others against the Rhode Island Hospital Trust Company and others for construction of the will of Teresa M. Collins, deceased. The cause, being ready for hearing for final decree, was certified to this court for determination.
Decree in accordance with opinion.
Hoyt W. Lark and Curran, Hart, Gainer & Carr, all of Providence, for complainants.
Tillinghast & Collins and George C. Davis, all of Providence, for respondent.
Edward W. Day, of Providence, guardian ad litem.
This bill in equity is brought for the purpose of securing the construction of the seventh clause of the will of Teresa M. Collins, late of Providence, deceased. The bill was filed in the superior court. A guardian ad litem was appointed to represent the contingent interest of minors and persons not in being or not ascertainable. Testimony was taken showing the identity of the complainants and other facts relevant to the issues raised by the pleadings. The cause, being ready for hearing for final decree, was certified to this court for determination as required by section 4968 (c. 330, § 35), G. L. 1023.
It appears in the record that the testatrix was a member of the Roman Catholic Church and took an active interest in its charities. After making bequests to her near relatives and friends, she gave the residuum of her property in equal shares to five Catholic charities hereinafter mentioned. These charities are described by their popular names and not by their correct corporate names. Complainants allege they are the legatees and devisees intended by the testatrix to be recipients of her property under the seventh clause of her will.
This court has held that the misnomer of a legatee is immaterial if the person intended can be identified by the description in the will, that parol evidence is admissible to identify a legatee, and that a mere mistake in the name or description of the legatee will not render the legacy void if the person intended by the testator can be correctly ascertained either from the will or from extrinsic evidence. Farrell v. Sullivan, 49 R. I. 408, 144 A. 155; Pawtuxet Baptist Soc. v. Pawtuxet Baptist Church and Society, 50 R. I. 200, 146 A. 762; 40 Cyc. 1439, 1441, 1447; 28 R. C. L. 276.
The first legatee mentioned in said seventh clause is "The Dominican Order for the education of priests." It appears in evidence that the Dominican Order is a world-wide religious organization connected with the Roman Catholic Church; that Providence College and two parishes in the city of Providence are...
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