LaNe v. Eaton

• Decision Date: 29 June 1897
• Citation: 69 Minn. 141,71 N.W. 1031
• Parties: LANE ET AL. v EATON ET AL. (TWO CASES).
• Court: Minnesota Supreme Court

69 Minn. 141

71 N.W. 1031

LANE ET AL.vEATON ET AL. (TWO CASES).

Supreme Court of Minnesota.

June 29, 1897.

(Syllabus by the Court.)

1. The testator devised a certain part of his property (consisting mostly of real estate) to certain named trustees in trust to be disposed of for the use of the branch of the Salvation Army located in St. Paul, Minn., said proceeds “to be permanently invested in the purchase of a lot, and the erection thereon of a place of worship where said Salvation Army may hold meetings,” and, if said branch “should become legally organized so it may take and hold the title to property,” the trustees were directed to transfer to it all the property, or the proceeds thereof. The Salvation Army is an unincorporated religious society having its headquarters in England, and, while its officers have military titles, their duties correspond to those of the bishops, elders, and pastors of other churches. Said St. Paul branch was then in existence. Held, under the provisions of chapter 43, Gen. St. 1894, the beneficiary of the trust must be certain, or capable of being rendered certain, and no such unincorporated voluntary association, or branch thereof, whose membership is fluctuating and uncertain, can be such beneficiary. But held, under the provisions of title 4, c. 34, such branch may incorporate, and, if it does so within a reasonable time, the devise will, under the provisions of sections 3027 and 3048, vest in such corporation. Held, further, section 3040 has abrogated the rule against perpetuities and the rule which prohibits restraint of alienation, so far as such rules apply to such a meeting house. Whether or not the policy of the Salvation Army is such that it will permit the St. Paul branch to incorporate as a separate entity is not for the courts to determine.

2. The will further provides: “The rest, residue and remainder *** I give and bequeath to the Central Park Methodist Episcopal Church of St. Paul, Minn., absolutely, to be used by said church in aiding the cause of home and foreign missions equally.” The church was incorporated, and was authorized by statute to acquire property by gift for mission purposes, and to accept any gift in trust for the purposes for which given. Held the devise is an absolute gift to the church, and not a devise in trust, and is valid.

Cross appeals from district court, Ramsey county; Charles E. Otis, Judge.

Action by John W. Lane and others against Charles Eaton and others. From an order denying motions for new trial, defendants and plaintiffs appeal. Order denying plaintiffs' motion reversed. Order denying defendants' motion affirmed.

Buck, J., dissenting.

H. J. & A. E. Horn, for plaintiffs.

Wm. B. McIntyre, for defendant Salvation Army. Geo. E. Budd, for defendant Central Park M. E. Church.

Ambrose Tighe, F. G. B. Woodruff, and Chas. W. Farnham, for defendant Eaton and others.

CANTY, J.

This action was brought by the executors for the construction of the will of George Eaton, deceased.

1. The will contains the following provision: “I give, devise, and bequeath one other equal share or third part, to be first selected and set apart by my executors or the survivor of them, to John W. Lane and John C. Quinby, or the survivor of them, in trust, to keep the same carefully invested, and to receive the rents profits, and income thereof, and to pay and apply the same, together with the principal sum, or third part, to and for the use of the branch of the Salvation Army, so called, located in the said city of St. Paul; said principal and interest accruing thereon to be permanently invested in the purchase of a lot and the erection thereon of a place of worship where said Salvation Army may hold its meetings; said share or third part and the interest thereon never to be used or invested outside of said city, but is given solely for the purpose heretofore mentioned. If said branch of the Salvation Army in said city is or should become legally organized so it may take and hold the title to property, then I direct the said trustees, or the survivor of them, to transfer said third part or share, and all the rents, income, and profit of the same, together with any other property which may come to them under any of the provisions of this will, to said organization as soon after the settlement of my estate as practicable.” On the trial it appeared from the evidence that the Salvation Army is an unincorporated religious society having its headquarters in London, England. The officers of the organization have military titles. The head officer in England is called “general”; the subordinate officer who is head of the organization in the United States is called “commander”; a “major” has charge of a division of the country, and a “captain” of a local post or “barracks.” While these officers have military titles, they perform duties similar to those of the officers in other religious denominations. Thus a commander corresponds to a bishop, a major to a presiding elder, and a captain to a minister or pastor. The barracks is the church. The property of the society in a country is held in the name of the commander in that country, and he is appointed by the general in England. The government of the society seems to be very much centralized, but not more so, perhaps, than in the case of some other religious societies or sects. The court below held this devise void. Nearly all of the testator's property consisted of land, and as, by the terms of the will, the part of this land so devised was to be sold, and the proceeds re-invested in other land, the bequest, notwithstanding this double conversion, continued to be real estate. 3 Pom. Eq. Jur. § 1178. Then the bequest is void, unless valid as a bequest of real estate. Section 4274, c. 43, Gen. St. 1894, provides that uses and trusts are abolished, except as authorized by that chapter. It is well settled in the states from which we derived this statute that it has abolished the great body of the English law of charitable uses and trusts and the doctrine of cy-pres as administered in England. See 2 Pom. Eq. Jur. §§ 1018-1029. Under this statute the beneficiary of the trust must be certain, or capable of being rendered certain. Therefore no unincorporated, voluntary association, whose membership is fluctuating and uncertain, can be the cestui qui trust. Downing v. Marshall, 23 N. Y. 268;Methodist Church v. Clark, 41 Mich. 730, 3 N. W. 207;Ruth v. Oberbrunner, 40 Wis. 238. See, also, 2 Pom. Eq. Jur. § 1029, and cases cited in Holland v. Alcock, 108 N. Y. 112, 16 N. E. 305. See, also, Association v. Scholler, 10 Minn. 331 (Gil. 260). But there is another statute which is in pari materia with chapter 43, and which must be construed with it in disposing of the question here presented. Title 4, c. 34, Gen. St. 1894, provides for organizing unincorporated churches into corporations. Section 3022 of this title provides: “It shall be lawful for all persons of full age, belonging to any church, congregation or religious society not already incorporated, to assemble at the church or meeting-house, or other place where they statedly attend for divine worship, and, by a plurality vote, elect any number of discreet persons of their church, congregation or society, not less than three nor more than nine in number, as trustees to take charge of the estate and property belonging thereto, and transact all affairs relative to the temporalities thereof.” The next four sections provide the manner of giving notice of the...