Jones v. Green

• Court: Tennessee Supreme Court
• Writing for the Court: Neil
• Citation: Jones v. Green, 36 S.W. 729 (Tenn. 1895)
• Decision Date: 14 December 1895
• Parties: JONES et al. v. GREEN.

36 S.W. 729

JONES et al. v. GREEN.

Court of Chancery Appeals of Tennessee.

December 14, 1895.

Appeal from chancery court of Wilson county; J. S. Gribble, Chancellor.

Bill by M. E. Jones and others against Meredith Green, agent, etc. From a decree overruling a demurrer to the complaint, defendant appeals. Affirmed.

Tarver & Golladay and J. M. Horn, for appellant. R. E. Thompson and R. Cantrell, for appellees.

NEIL, J.

March 3, 1866, William Bennett made and published his last will and testament. The clauses necessary to refer and quote for the purposes of the present controversy are as follows: "Fifthly. I desire that the funds arising under the second clause of this will, and the fund arising from the sale of the property, real and personal, given to my wife for life in the third clause, be a perpetual fund directed to the purposes and objects designated below. My reason for doing so is this: My property is too small, and, having no children, after the death of my wife my heirs would be too numerous, for a division of my estate among them to do them much good; and, besides, I feel it a duty to support the ministry and the cause of education. Therefore I direct that the fund donated in this clause be kept a perpetual fund, be loaned out at interest, — notes with approved security being taken, in that case, for the safety of the fund, — or be invested in the bonds of the state of Tennessee, or in the bonds of the United States. The interest annually accruing if the fund is loaned out, or on the bond if the fund is invested in state bonds, will be paid out from time to time, as the same is paid in, to the furtherance of such benevolent objects, such as the support of the ministry, repairs of the church edifice, or other benevolent objects as may be designated from time to time by the said Union Church in its regular action as a church of the Missionary Baptist persuasion, so long as said Union Baptist Church shall continue to exist as a church. Said church is situated in the 20th civil district of Wilson county. The money will be paid to the deacons of said church, and by them will be applied to the furtherance of said benevolent objects. Should said Union Church cease in the course of time to exist as a church, then and in that case I desire that said interest in said fund, as it annually accrues, should be paid to the support of a school at Sugar Grove Schoolhouse, which is situated in the county, near the Cowsville road, between R. Foster and G. Thompson. A majority of the patrons of the school taught at said schoolhouse from time to time may designate the objects for which said annually accruing interest shall be expended; it being for the tuition of indigent pupils, the repairs of the house, or the salary of competent teachers. Should said Sugar Grove Schoolhouse cease to exist entirely as a house for school purposes, I desire that one-half of the fund (the perpetual) go to my next of kin, and the other half to my wife's next of kin." The sixth item appoints executors. "Seventh. After the sale of property given above to my wife, and the collection of the money, should my executors both qualify as such, or my administrator with the will annexed, should there be one, cease to act, by resignation or death or removal, my desire, in that case, that the probate court of Wilson county, state of Tennessee, will from time to time, when it is necessary, appoint a trustee to take charge of and manage said fund according to the foregoing provisions of this will, so long as either of the said Union Church or Sugar Grove Schoolhouse shall be in a condition to receive the bounty above provided for them. While the Union Church is the recipient of the bounty, said court is requested to select some suitable person, designated by the majority of the deacons of the said church; and when said church has ceased to receive said bounty, by ceasing to exist, then let a majority of the patrons of Sugar Grove Schoolhouse designate the person to be appointed. The trustee appointed as provided above shall hold the legal title to the said fund; the interest to be paid out by him from time to time, as the same may be collected, in accordance with the foregoing part of this will. He will be required every two years to renew his bond as trustee before said court, and the bond shall be condition[ed] for the faithful performance of his duties as such according to the preceding provisions of this will. He shall make biennial settlements with the clerk of said court, who will be custodian of his bond. Said settlements will be made on the same principle on which guardian settlements are made, and they shall be open to inspection of deacons of said church, as long as it exists, and then of the patrons of said schoolhouse. Said trustee may invest said fund in state securities, advising first, however, with those who are interested in the payment of said bounty." We should also quote a portion of the fourth item of the will. In that item, after directing so much of "said interest" to be paid to his wife "as she may...