Godfrey v. Hutchins

• Decision Date: 17 December 1907
• Parties: GODFREY et al. v. HUTCHINS et al.
• Court: Rhode Island Supreme Court

68 A. 317

28 R.I. 517

GODFREY et al.

v. HUTCHINS et al.

Supreme Court of Rhode Island.

Dec. 17, 1907.

Bill by Charles E. Godfrey and another, as trustees of the will of Shubael Hutchins, deceased, for instructions regarding a certain legacy. Legacy held valid, and trustees directed to carry out its provisions.

Argued before DOUGLAS, C. J., and DUBOIS, BLODGETT, JOHNSON, and PARKHURST, JJ.

Herbert Almy, for complainants. Vincent, Boss & Barnefield and John Henshaw, for respondents.

JOHNSON, J. Bill in equity for instructions to the trustees regarding a certain legacy contained in the will of Shubael Hutchins, late of Providence, deceased. The bill states that Shubael Hutchins formerly of Providence, in the state of Rhode Island, died May 20, 1867, leaving a will with three codicils thereto, which have been duly admitted to probate, and remain of record in the municipal court of said Providence; that in and by said will all the rest, residue, and remainder of his estate real and personal was devised to Edward A. Greene, Zalmon A. Storrs, and Thomas Brown in trust, for the uses and purposes and under the limitations in said will and codicils declared. The bill then recites the changes which have occurred in the incumbency of the office of trustee, including the appointment of the present trustees, Charles E. Godfrey, Jr., and John H. Cady. The bill further states that the legacies and annuities given in and by said will and codicils have all been settled, with the exception of the following legacy: "To the treasurer of any one or more societies or organizations whose object is the improvement and education of the colored people of the South, I give the sum of ten thousand dollars for the uses and purposes of said societies, but I leave it wholly to the judgment of my said trustees or trustee for the time being, as to the time, when, how much of, and to what society or societies or organizations said sum of ten thousand dollars, or any part thereof shall be paid, having reference to the ability of my estate and the efficiency of any of said societies in the above object."

The complainants pray the advice and direction of the court in regard to said legacy: (1) As to whether it is a good charitable bequest or not. (2) As to whether these trustees have any discretionary power not to pay said legacy or any part thereof. (3) If said legacy is a good charitable bequest, how are these trustees to select the beneficiaries?

The complainants further state that they do not know of the existence of any society or organization in this state whose object is the improvement and education of the colored people of the South, and, if said legacy is held to be a good charitable bequest, they ask that said cause be sent to a master to ascertain and report whether there are any such societies or organizations either in this state or elsewhere, and, if there are any such societies or organizations, where they are located. And the complainants further state that, with the exception of said legacy of $10,000 to the treasurer of any one or more societies or organizations whose object is the improvement and education of the colored people of the South, as aforesaid, they have completed the trusts in said will contained, and are desirous of settling their accounts with said trust estate, and paying over the balance in their hands to the residuary legatees, to the end that they may be discharged from said trust. A copy of the will is filed with the bill.

The legacy in question is grouped in the will with several others; the provisions relating thereto being as follows: "After paying and providing for all the foregoing provisions of this my will, should my estate at my decease, or at any time thereafter, in the Judgment of my said trustees or trustee for the time being, be sufficient therefor, then the said trustees or trustee for the time being to pay the following legacies to the following named legatees, to wit." Then follow bequests to four societies, and then the bequest set out in the bill and quoted above. We think this language shows an intention on the part of the testator to give to such society or societies the sum of $10,000 or so much thereof as his estate shall be able to pay, leaving to the discretion of the trustees, for the time being, the determination of the fact and time of such ability to pay, and also the selection of the society or societies which shall be the beneficiaries, the exercise of the latter discretion necessarily involving the ascertainment of the existence and state of efficiency of said societies. That gifts for the advancement of learning, science, and the useful arts, without any particular reference to the poor, are regarded as charities, is...