German Pioneer Verein v. Meyer

• Decision Date: 29 January 1906
• Citation: 70 N.J.E. 192,63 A. 835
• Parties: GERMAN PIONEER VEREIN v. MEYER.
• Court: New Jersey Court of Chancery

63 A. 835

70 N.J.E. 192

GERMAN PIONEER VEREIN

v. MEYER.

Court of Chancery of New Jersey.

Jan. 29, 1906.

Bill by the German Pioneer Verein against George A. Meyer, executor, etc. Final hearing on bill, answer, and proofs. Decree for complainant advised.

R. S. Hudspeth, for complainant. Francis Scott, for defendant.

PITNEY, V. C. The complainant is a benevolent society, incorporated as such on the 17th day of May, 1888, by the name of the German Pioneer Verein of Jersey City, New Jersey. The declared object is "the relief of such of the members thereof as shall, by sickness, old age, or other cause, be rendered incapable of their usual occupation or calling; to give and extend benevolent and charitable relief and assistance to persons who are not members or incorporators; and other charitable objects that may be provided for in the constitution and bylaws of such incorporation." The defendant is the executor of one George A. H. Meyers, a German who lived for many years in Jersey City, and died on the 5th day of October, 1900, testate of a will wholly in his own handwriting, in which he gives various legacies; among others, one in these words: "The German Turner Home Jersey City one thousand dollars." The complainant by its bill claims that it is the legatee intended by the testator. The defendant, who is also residuary legatee and devisee, by his answer does not deny that he has assets sufficient to pay all the legacies given by the will but simply denies that the complainant is properly described or can be properly held to be the legatee intended, and further sets out as follows: "And your defendant further says that said legacy fails by reason of the fact that there is no "German Turner Home" in Jersey City, and what the deceased meant by this term cannot be ascertained with reasonable certainty and accuracy so that the court can safely make a decree that the said legacy should be paid to any person or corporation."

The complainant produced convincing proof of the allegation of fact in the answer that there is no "German Turner Home" in Jersey City, but alleged in its bill and sustained by proof the following facts: Some time before the date of the complainant's incorporation an old German gentleman by the name of Raymond Rath, a resident of Jersey City, died testate of a will in which he left a fund of $20,000 to be paid to any society which would purchase land in Jersey City fit to be occupied by a building for a home for old people, and devote it to such purpose and erect a home on it. Whereupon some benevolent Germans in Jersey City formed themselves legally into the association, the complainant herein, raised funds among themselves sufficient to purchase the necessary land, and did purchase it, and altogether qualified themselves to receive and did receive this bequest of $20,000, and with it erected a suitable building which they, in memory of Mr. Rath, named the "Raymond Rath Altenheim." The word "Altenheim" is a German word which means home for old people. The institution has been maintained ever since, and is known as "the home." and it is the only institution of its kind in Jersey City. At and before the time of the complainant's organization there was, in Jersey City, a hall occupied by a Turner's Association. The word "Turner" in German means "athletic," and "Turner Hall" means an "athletic hall." It was clearly proven that there is not and never has been anything in common between a "Turn Verein," athletic association, and such an association as the complainant. The distinction is stated by an elderly German witness, Mr. Ringle, thus: "I don't think there is a turnverein in the world that has a tendency to support poor people. Every turnverein that ever I heard of has a tendency of socialistic or anarchistic propensities, and learn young men how to drink beer and liquor of large quantities; that is about the tendency. Now you have the whole thing in a nut shell." But it so happened that the complainant association both before and after its organization, while engaged in raising money to buy land to qualify itself to be the legatee of Mr. Rath's $20,000, and in the erection of the building, met in a Turner's Hall in Jersey City, and issued circulars with a printed head as follows, "Deutschen Pioneer Verein, Headquarters Turner Hall, 259 First Street, Jersey City." Hence the idea came to be entertained by some persons that the "home" which the complainant was seeking to establish could be properly known and designated as the Turner Home. The...