Minns v. Billings
| Decision Date | 06 March 1903 |
| Citation | 66 N.E. 593,183 Mass. 126 |
| Parties | MINNS et al. v. BILLINGS et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Henry G. Denny, for the Boston Library Society.
Samuel C. Darling, for trustees.
John Noble, Jr., Livingston Cushing, and H. D. McLellan, for the Animal Rescue League.
Roland Gray, for Proprietors Boston Atheneum.
Fredk. H. Nash, Asst. Atty. Gen., for the Attorney General.
Chas T. Gallagher, for the Franklin Typographical Society.
The plaintiffs, surviving executors of the will of Robert C Billings, late of Boston, deceased, have received, under the will and the seventh codicil, all the rest, residue, and remainder of his estate after paying legacies, in trust to apply the whole or any part of the principal and income 'to such charitable purposes' as to them may seem proper. They propose to apply various sums from the fund in their hands to 126 different objects and purposes, which are set out in this bill, and they ask the instructions of the court as to whether some of these objects and purposes are 'charitable purposes,' within the meaning of the will and codicil. They state their intention, in most cases, to make the gifts to the institutions mentioned as a permanent fund in each case, the income only to be used for the general purposes of the institution. The next of kin and the Attorney General have filed answers, and the Attorney General has filed a brief. Some of the proposed beneficiaries have asked and been permitted to file briefs as amici curiae. Only a few of the proposed gifts have been called in question by the Attorney General. The next of kin, in his answer, merely joins in the prayer of the bill. The other proposed gifts have not received so extended an examination by the court as would have been thought necessary if objection or question had been made in regard to them by any party interested. We shall not discuss them any further than to say that, upon the statements contained in the bill, we see nothing to show that they may not all be treated as gifts to public charities under the liberal doctrines established by recent decisions of this court. We shall therefore assume that the particular facts in each case, taken in connection with the general facts stated in the bill, are such as to warrant the executors in making these institutions beneficiaries. The first class of beneficiaries referred to in the brief of the Attorney General comprises three incorporated mutual benefit associations, and the question was raised whether money given to these associations would be held for a charitable use. The decisions in Coe v. Washington Mills, 149 Mass. 543 21 N.E. 966; Newcomb v. Boston Protective Department, 151 Mass. 215, 24 N.E. 39, 6 L. R. A. 778; Young Men's Protestant, etc., Society v. Fall River, 160 Mass. 409, 36 N.E. 57; (see, also, In re Clark's Trust, 1 Ch. D. 497; Burke v. Roper, 79 Ala. 138)--mark the distinction between public charities and mutual benefit associations supported by contributions or assessments from their members, whereby the members become entitled to certain benefits, in case of sickness or accident, as a personal right. But the application of the principles stated in these cases is not required in considering these proposed gifts, because of amendments to the bill made since the brief was filed. No. 78 of the proposed beneficiaries mentioned in the bill as amended is: 'The trustees of the permanent fund of the Franklin Typographical Society, Boston, Mass. Trustees of a permanent fund which is derived solely from gifts and bequests, and is provided for the purpose of paying a death benefit and giving charitable assistance to sick, disabled, or dependant members of the Franklin Typographical Society, Boston, an incorporated mutual benefit association, their widows and orphans, and otherwise assisting needy persons in any way connected with the printing business, said fund being entirely within the control of its trustees, and solely applicable to such purposes.' No. 76 is as follows: 'The trustees of a permanent fund to be established for the purpose of giving charitable assistance to sick or disabled members of the Boston Teachers' Mutual Benefit Association, Boston, Massachusetts, an incorporated mutual benefit association; said fund to be entirely within the control of its trustees and solely applicable to such purposes.' No. 77 is in similar terms, as follows: 'The trustees of the permanent fund of the Bank Officers' Association of the city of Boston, the trustees of a permanent fund which is derived solely from gifts, bequests, honorary membership fees and proceeds of entertainments, and is provided for the purpose of giving charitable assistance to sick or disabled members of the Bank Officers' Association of the city of Boston, an incorporated mutual benefit association, said fund being entirely within the control of its trustees and solely applicable to such purposes.' In each of these cases the proposed transfer is to trustees of a fund created and maintained by gifts, bequests, and gratuities, to be entirely within the control of the trustees, for the purpose of rendering charitable assistance to sick and disabled persons who are members of these associations, respectively, and to be used for no other purpose. Each of these funds so held and used has all the qualities of a public charity, unless the fact that in two of the organizations its benefits are limited to members of the association makes it a private, instead of public, charity. But the trustees hold the legal title, and control the fund. Its benefits are for all the members of a class. The class, in reference to the individuals who will belong to it as the years go by, is indefinite. The charity is bestowed upon all needy persons who at any time are included in the class. It appears that the class in one case is open to all teachers in the public schools, in another to all printers, and in the third to all bank officers and bank clerks, in the city of Boston, who wish to be included in it. The class in each case is a large one. The relief of the necessities of all the members of one of these classes is an object so general and indefinite as to be deemed of common and public benefit, and so a public charity. That the money used comes from the bounty of the generous and is controlled by trustees acting as their representatives fulfills one of the usual requirements of a public charity. We are of opinion that these gifts come...
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