Meehan v. Hurley, 910.
| Decision Date | 13 June 1930 |
| Docket Number | No. 910.,910. |
| Citation | 150 A. 819 |
| Parties | MEEHAN v. HURLEY et al. |
| Court | Rhode Island Supreme Court |
Case Certified from Superior Court, Providence and Bristol Counties.
Suit by John Meehan, executor of the will of Mary J. Kennedy, praying for instructions relative to his duty under will, against Maria Hurley and others. The case was certified by the superior court to the Supreme Court for determination.
Decree in accordance with opinion.
William H. Foley, of Providence, for complainant.
David B. Lovell, Jr., and Curran, Hart, Gainer & Carr, all of Providence, for Society of St. Vincent de Paul of Providence.
Mortimer G. Cummings and Frank F. Pinkos, both of Providence, for Maria Hurley.
This bill in equity is brought by the executor of the will of Mary J. Kennedy, late of East Providence, praying for instructions relative to his duty under the fourth clause of said will. All of the interested parties have been made respondents.
The cause, being ready for hearing for final decree, has been certified by the superior court to this court for determination as required by section 4968, General Laws 1923.
By the fourth clause of her will the testatrix gave and bequeathed to "Mrs. Maria Hurley of East Providence, her heirs administrators and assigns, the sum of Five Hundred ($500) Dollars in trust however, said money to be used until the fund is exhausted in the purchasing of flowers which I hereby direct my executor shall place every year at Easter, Decoration Day and Christmas upon my grave." The question has arisen as to the validity of the trust created by this clause; the trustee contending that it is valid, and the residuary legatee claiming that it is void on account of violating the rule against perpetuities. The court will carry into effect the intention of the testatrix if it can be done without violence to established rules of law. The clause in question creates a private trust and not a charitable one. We have frequently held that a private trust to insure the care of testator's own burial lot is invalid as being contrary to the rule against perpetuities. Kelly v. Nichols, 17 R. I. 306, 21 A. 906; Sherman v. Baker, 20 R. I. 446, 40 A. 11, 40 L. R. A. 717; Shippee v. Industrial Trust Co. et al., 43 R. I. 115, 110 A. 410, 14 A. L. R. 115; Todd et al. v. St. Mary's Church et al., 45 R. I. 282, 120 A. 577. This is in accord with the general rule. McCartney et al. v. Jacobs, Ex'r, 288 Ill. 568, 123 N. E. 557, 4 A. L. R. 1120. If a testator is not permitted to create a private trust for the perpetual care of his burial lot, with greater reason should he be prevented from creating a private trust for placing flowers upon...
To continue reading
Request your trial
-
Chu v. Legion of Christ, Inc.
...to carry out the plain intent of the testator to make a donation for religious purposes to the Church. Id.; see Meehan v. Hurley, 51 R.I. 51, 150 A. 819, 819 (1930) (bequest to purchase flowers for grave in perpetuity is void, so that fund reverts to estate and executor in the exercise of h......
-
R.I. Hosp. Trust Co. v. Proprietors of Swan Point Cemetery
...Shippee v. Industrial Trust Co., 43 R.I. 115, 110 A. 410, 14 A.L.R. 115; Todd v. St. Mary's Church, 45 R.I. 282, 120 A. 577; Meehan v. Hurley, 51 R.I. 51, 150 A. 819. The legislature, however, has authorized the establishing of trusts in perpetuity, generally speaking, for the care and pres......
- Bacon v. United Electric Rys. Co.
-
Fitzgerald v. East Lawn Cemetery, Inc.
... ... it was limited to the period of perpetuities. Bates v ... Bates, 134 Mass. 110; Meehan v. Hurley, 51 R.I ... 51, 150 A. 819; Restatement, Trusts, §374(h) ... To ... meet ... ...