In re Estate of Little

• Citation: 173 N.W. 659,143 Minn. 298
• Decision Date: 18 July 1919
• Docket Number: 21,308
• Parties: IN THE MATTER OF THE ESTATE OF KATE LITTLE, DECEASED; v. UNIVERSALIST CONVENTION OF MINNESOTA DUNCAN D. LITTLE AND ANOTHER
• Court: Supreme Court of Minnesota (US)

173 N.W. 659

143 Minn. 298

IN THE MATTER OF THE ESTATE OF KATE LITTLE, DECEASED;

DUNCAN D. LITTLE AND ANOTHER v. UNIVERSALIST CONVENTION OF MINNESOTA

No. 21,308

Supreme Court of Minnesota

July 18, 1919

William P. Roberts, as administrator with the will annexed of Kate Little, deceased, made application to the probate court for Fillmore county for the assignment of the residue of the estate according to law. Duncan D. Little and Albert M Little petitioned the court to assign the residue of the estate to them as next of kin and sole heirs at law of decedent, and not according to the terms of the will, for the reason that the attempted testamentary disposition was null and void. The matter was heard by Michener, J., who made findings that the Universalist Convention of Minnesota was entitled to the estate belonging to decedent. From the judgment of the probate court the heirs appealed to the district court, where the appeal was heard by Catherwood, J who affirmed the order of the probate court. From the judgment entered pursuant to the order for judgment, the heirs appealed. Affirmed.

SYLLABUS

Will -- construction of devise to religious corporation.

The will of testatrix clearly discloses an intention that the religious corporation representing her faith should dispose of the bulk of her property for benevolent and religious purposes, in accordance with the practice of such corporation. It is held that the devise should be construed as absolute to the corporation and not in trust, although words importing a trust are used in the will. The direction that the property, consisting mainly of a valuable 160 acre farm, be sold and converted into a fund, only the income of which should be used for benevolent and religious purposes, merely follows the by-laws and practice of the corporation and does not indicate a trust. Nor does the fact that one acre of the farm, the burial plot of herself and her father, is never to be sold, and that a part of the income from the fund is to be devoted to the care of the graves, compel the conclusion that the will proposes the creation of an illegal trust, the corporation being empowered to take gifts of burial places, and there being nothing in the will restricting the corporation from permitting other interments in the acre mentioned.

Hopp & Larson and Gray & Thompson, for appellants.

Horace W. Roberts, for respondent.

OPINION

HOLT, J.

This appeal involves the validity of the will of Kate Little, deceased. The district court on appeal affirmed the probate court's distribution of the estate according to the terms of the will, and the heirs appeal.

The father of testatrix owned a 160 acre farm at the time of his death. It was located near Preston, this state, and had been his homestead for many years. He was buried on the farm. Testatrix, his sole heir, inherited the homestead. In 1890 she made her will. She died in 1916. She had never married, and left no nearer blood relatives than first cousins. Two of these and the children of a deceased first cousin are the appellants. The portions of the will here material may be thus stated:

"First. After all of my just and lawful debts and all of the expenses of my last sickness and of my funeral and all expenses of the administration of my estate are paid, I give, devise and bequeath in trust to 'The State Convention of Universalists of the State of Minnesota,' all of the property and estate, real, personal and mixed, of which I shall die seized, upon the following terms and conditions and for the following purposes, to wit:

"Second. I direct and strictly enjoin my said devisee, and legatee for ever to have charge and control of my father Duncan M. Little's grave and the acre of ground in which said grave is situated, to care for and keep said grave forever supplied with a suitable and proper monument and to care for and keep said grave and the said acre of land in which said grave is situated in a neat, orderly, clean and proper condition and properly inclosed with a fence or fences or such other and proper protection as my said devisee and legatee may deem best and proper, forever, respectively * * *

"Third. I also direct that when dead my remains be interred in said acre of land by the side of my father and that my grave be kept, cared for and in all things provided for the same as herein provided and directed for in respect to his grave."

The fourth provision relates to a desire that the farm be not disposed of for at least 10 or 20 years after her death.

The fifth describes the farm, locates the acre upon which is the father's...