Field v. Drew Theological Seminary

• Decision Date: 10 February 1890
• Citation: 41 F. 371
• Parties: FIELD et al. v. DREW THEOLOGICAL SEMINARY.
• Court: U.S. District Court — District of Delaware

41 F. 371

FIELD et al. v. DREW THEOLOGICAL SEMINARY.

United States Circuit Court, D. Delaware.

February 10, 1890

Syllabus by the Court

A condition, in a bequest for educating two young men for the ministry, that they shall, after entering it, pursue a certain course, that was not optional with the minister, but subject to the control of the bishop, is a condition subsequent, and does not affect the validity of the gift.

A charitable bequest to a corporation not in existence at testator's death, but to be thereafter created by act of legislature in accordance with his will, is valid.

A bequest providing for the creation of a fund for the education of 'two young men, for all coming time,' for the Christian ministry, is a valid charitable use.

A bequest, in trust, of a 'sum of money sufficient to carry out (testator's) intention' 'to provide for the education of two young men, * * * ' where the trustees have accepted the trust, and young men have been appointed and the expense of keeping them approximately known, is not void for indefiniteness.

Bates &amp Harrington, for complainants.

Hoffecker & Hoffecker and Talmage W. Foster, for respondents.

WALES J.

This suit is an amicable one, on bill, answer, and admitted facts. The complainants, after stating that they have been advised that some doubt exists as to the validity of a certain bequest contained in the will of their testator, and making the same a part of their bill, apply to the court for directions touching their duty in the premises, that they may be directed in what manner to proceed in order faithfully to execute the provisions of the will, and that the true construction thereof may be declared.

James Riddle, the testator, died August 21, 1873; and his will was duly probated, on the 20th day of October, in the same year. The bequest in question is in these words:

'Item Twenty-First. I direct that my executors shall provide, out of the money received for the rents of my real estate, and out of the profits of the business of the firm of James Riddle, Son & Company, a sum of money sufficient to educate in the Drew Theological College, in Madison, New Jersey, two young men for the ministry of the Methodist Episcopal Church, one of whom is to go on the foreign mission work, the other to become a member of the Wilmington Conference. It is my will that this is to be continued perpetually, and that my son, Leander Franklin Riddle, and my son-in-law, William M. Filed, shall so arrange the matter that a permanent fund shall be created for carrying out this, my intention of constantly providing for the education of two young men for the work of the ministry in all coming time, and that they (my son and son-in-law) during their life-time shall have the power to make the appointments, and that after their decease that power shall be given to the Wilmington Annual Conference to make selections; and, as soon as my said son and son-in-law shall create such a sum of money as they deem sufficient for the purpose above mentioned, the above devise shall not be a charge on my real estate.'

In a subsequent part of the will the testator gives instructions to his executors, in relation to this bequest, as follows:

'Item Twenty-Ninth. Having in this my will ordered and directed that my executors hereinafter named shall create a fund sufficient to produce an annual income adequate to provide for the constant education of two young men for the ministry in the Methodist Episcopal Church at the Drew Theological Seminary, * * * therefore, to fully insure the carrying out of my intention and desire in reference to the several institutions or societies named in this item of my will, after the decease of my executors hereinafter named, or their disability, from any cause, during their life-time, to perform the duties imposed upon them in reference to said institutions or societies, I do order and direct my beloved son, Leander Franklin Riddle, to procure from the legislature of the state of Delaware an act of incorporation, incorporating a board of trustees, they and their successors in trust, as shall be provided for in the act of incorporation to be procured as aforesaid, after the decease of my executors, or their disability, from any cause, to manage the fund created for the purpose hereinbefore mentioned, shall take charge of the fund so created, and keep the same securely invested in the same manner as my executors are herein directed to do, so long as they continue to hold such funds, which is perpetually. * * * '

Letters testamentary were granted to Hannah Riddle, William M. Field and Leander F. Riddle, the executors named in the will. The executors have paid all the debts of the testator, and there remain sufficient and ample funds in their hands to pay and discharge the legacy bequeathed in the twenty-first item. The Drew Theological Seminary, founded in 1866, and incorporated under the laws of the state of New Jersey in 1868, has since then been maintained, and is now in operation, at Madison, as an institution for the education of young men for the ministry of the Methodist Episcopal Church, and for service as missionaries to foreign countries. In 1875, an act was passed by the legislature of Delaware entitled 'An act to incorporate trustees to carry out certain provisions of the last will and testament of James Riddle, deceased. ' By this act, Leander F. Riddle, William M. Field, and Hannah Riddle, and their successors to be selected as therein provided, are authorized to receive 'all sums of money devised by James Riddle, deceased, for religious purposes, objects of charity, and educational purposes, in all cases where such legacies are made to be perpetual, and pay over to the person or persons duly authorized to receive the same, in such sum, and at such times, as the same is directed to be paid, under and by virtue of the last will and testament of James Riddle,' etc. Between the years 1874 and 1880, the executors, in pursuance of the provisions of the will, paid to the trustees of the seminary $2,760, to provide for the education of certain young men who had been duly appointed by the said William M. Field and Leander F. Riddle; and the said moneys were duly applied for the education of the...