Hartford Nat. Bank & Trust Co. v. Oak Bluffs First Baptist Church

• Decision Date: 14 March 1933
• Parties: HARTFORD NAT. BANK & TRUST CO. v. OAK BLUFFS FIRST BAPTIST CHURCH et al
• Court: Connecticut Supreme Court

164 A. 910

116 Conn. 347

HARTFORD NAT. BANK & TRUST CO. v. OAK BLUFFS FIRST BAPTIST CHURCH et al

Supreme Court of Errors of Connecticut.

March 14, 1933

Appeal from Superior Court, Hartford County; Arthur F. Ells, Judge.

Suit by the Hartford National Bank & Trust Company, trustee, against the Oak Bluffs First Baptist Church and others for the construction of the will of Cornelius D. Erwin, deceased. From a judgment that the trust created by the will had failed and determining the distributees of the fund, named defendant and certain other defendants appeal.

Error and cause remanded.

Mortimer H. Camp and Margaret P Camp, both of New Britain for appellants Oak Bluffs Baptist Church et al.

J. H Kirkham, of New Britain, for appellant New Britain Institute.

George W. Crawford, of New Haven, for appellee Talladega College.

Spencer Gross, of Hartford, for appellees Board of Trustees of Olivet College et al.

Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY, JJ.

MALTBIE, Chief Justice.

This is an action by the plaintiff for advice as to the administration or disposition of a fund held by it in trust under a paragraph of the will of Cornelius B. Erwin, late of New Britain. That paragraph creates a trust as follows: " Whereas, in her will my wife has made some provision for the First Baptist Church of Oak Bluffs, Marthas Vineyard, Mass., and the Sunday School of said Church, now if I shall survive my wife, but not otherwise, I give and bequeath to the said First Baptist Church of Oak Bluffs the sum of three thousand (3,000) dollars, of which sum One thousand (1,000) dollars, shall be used for the general uses and purposes of said church, and the remaining two thousand (2,000) dollars shall be held as a permanent fund, in trust, under the management of the acting Pastor and Deacons of said church, the annual income of which shall be used for the benefit of the Sunday School Library of said Church, both for teachers and scholars, said income to be expended annually under the direction of the acting Pastor of said Church and the acting Superintendent of said Sunday School." Mr. Erwin died in 1885, and in 1892 the plaintiff was substituted as trustee of the $2,000 fund established for the benefit of the Sunday school library of the church, and has since continued to act as such. The parties are in substantial agreement as to the facts involved in the situation which has caused the plaintiff to make this application. They are as follows:

Owing to the small number of Protestant families in Oak Bluffs, it has been found impossible since March, 1930, to maintain more than one Protestant church in the community. As the Trinity Methodist Episcopal Church was then the strongest Protestant church in the community, it has continued to hold regular services, and the other Protestant denominations have united in worshiping in its services since that time, so that it is in effect the community church. The First Baptist Church since March, 1930, has not held separate services, and its members have attended the services at the Trinity Church, and its younger members have participated in the young people's activities conducted by it. Teachers in the Sunday school of the Baptist Church, when that church was holding separate services, are now teachers in the Sunday school of the Trinity Church, and the superintendent of the Sunday school of the Baptist Church is now superintendent of the Sunday school of the Trinity Church, and persons who attended the Sunday school of the Baptist Church are now attending the Sunday school of the Trinity Church. The courses of study in the Sunday school of the Trinity Church include those courses formerly conducted in the Sunday school of the Baptist Church, and the members and children of the Baptist Church congregation are now receiving the same religious instruction in the Sunday school of the Trinity Church that they would have received if the Baptist Church were still maintaining a separate school. The Baptist Church has not amalgamated with the Trinity Church now has it surrendered its charter, but it still holds annual meetings for the election of officers and makes annual allotments for missions, hospitals, and so forth. It may resume its separate services at some time in the future, if conditions in the opinion of its members warrant such a course. On the other hand, in may in the future be for the best interests of the community that the Baptist Church surrender its charter and that its members unite with the Trinity Church. Subsequent to the discontinuance of separate services by the Baptist Church, it deposited the Sunday school library purchased with the income from the fund in question in the Trinity Church for such time as the Baptist church should hold no separate Sunday school services. The Baptist church empowered its treasurer to receive the income of the fund and directed the chairman or acting chairman of its board of deacons and the superintendent of the Sunday school of the Trinity Church to select the books or literature to be purchased for the library, unless other persons should be appointed by a court having, jurisdiction, and directed that such books or literature be stamped " First Baptist Church Sunday School Library, Purchased from Income of the Erwin Fund." Trinity Church continues to invite and welcome members of the Baptist Church to its Sunday school services.

Mr. Erwin's will contained also provisions for the disposition of all his residuary estate and a further provision that no portion of his estate should in any event become intestate property, but that " in case of the invalidity or failure of any of the bequests or provisions in this will the estate thereby becoming intestate" should belong equally to two named beneficiaries. The trial court held that by reason of the facts we have stated the trust established for the benefit of the Sunday school library of the Baptist Church has failed, and proceeded to determine that the fund ought to be distributed as a part of his residuary estate. If the trial court was wrong in holding that the trust had failed, it is not necessary to consider the correctness of its ruling with reference to its disposition under the other provisions of the will.

Much of the argument before us has been devoted to consideration of the possible application of the by pres doctrine in the situation we have outlined. Since the testator has himself provided for a disposition of the fund in case of the failure of the bequest, that doctrine could have no application at least in its broader aspect. Bristol Baptist Church v Connecticut Baptist Convention, 98 Conn. 677, 684, 120 A. 497; First Congregational Soc. v. City of Bridgeport, 99 Conn. 22, 31, 121 A. 77. The real question before us is, Has there been a " failure" of the bequest for the benefit of the Sunday School library of the Baptist Church, within the true intent and meaning of that word as used in the will of the testator? In approaching that question, it is necessary to remember that charitable trust such as this are highly favored, and every reasonable intendment is to be made in order to sustain them and make them effective. Strong's Appeal, 68 Conn. 527, 532, 37 A. 395; First Congregational Soc. v. City of Bridgeport, supra, 99 Conn. page 30, 121 A....