Pack v. Shanklin
| Decision Date | 10 April 1897 |
| Citation | 43 W.Va. 304 |
| Court | West Virginia Supreme Court |
| Parties | Pack v. Shanklin et al. |
S., by Ins last will and testament, directed that after his funeral expenses, etc., were paid, the residue of his estate, both real and personal, be given equally between the three following-benevolent causes, viz.: Home missions, foreign missions, and the American Bible Society; that is, to the trustee of each of the above causes, lie meant the bona; and foreign missions of the Southern Presbyterian Church, except five hundred dollars which he directed to be loaned, and the interest on same to be applied annually to the support of pastor's salary, of the Southern Presbyterian Church at Centerville, Monroe county, W. Va. Upon a bill filed praying that said bequests be declared void, held, that said bequests are void, on account of the uncertainty of the beneficiaries, (p. 821.)
The "Trustees of Home Missions and Foreign Missions of the Southern Presbyterian church11 cannot be considered to be a corporation identical with the one known as the "Trustees of the General Assembly of the Presbyterian Church in the United States," chartered by the legislature of North Carolina, (p. 820.)
8. Wills Construction of Wills.
En the interpretation of a will, the true inquiry is not what the testator meant to express, but what do the words used express, (p. 818.)
4. Wills Certainty of Disposition Validity of Disposition.
To the validity of every disposition as well of personal as of real estate, it is requisite that there be a definite subject and object; and uncertainty in either of these particulars is fatal, (p. 81(5.)
Appeal from Circuit Court, Monroe county.
Suit by J. W. Pack against John P. Shanklin, in his own right and as executor of the will of James Shanklin, deceased, and others. From the decree rendered, the trustees of the Generally Assembly of the Presbyterian Church in the United States appeal.
Affirmed.
John W. Harris, for appellants.
A. F. Mathews, Miller & Reed and John Osborne, for appellees.
English, President:
This was a suit in equity, instituted in the Circuit Court of Monroe county, by J. W. Pack against John P. Shanklin, in his own right and as executor of the estate of James Shanklin, deceased, and others, seeking the interpretation of the last will and testament of James Shanklin, deceased, and praying that certain bequests, to wit: one made by said will to home and foreign missions of the Southern Presbyterian Church, or the trustees of said missions, and to the American Bible Society, or the trustees thereof, and to the support of the pastor's salary of the Southern Presbyterian Church at Centerville, W. Va., be declared void; that each and all of the charitable bequests be declared void; that the heirs and next of kin of said Shanklin, the testator, be declared entitled to all of his estate, after the payment of the debts. The plaintiff, in his bill, alleges that in the year 1893 James Shanklin departed this life, in the county of Monroe; that said Shanklin was never married, and left no children surviving him, nor did he leave any brothers or sisters surviving him, but left, as his heirs at law and next of kin, the plaintiff and the defendants, his nephews and nieces, except the home and foreign missions of the Southern Presbyterian Church and the American Bible Society: that the plaintiff is a nephew and one.of the heirs at law and next of kin of said Shanklin; that said. Shanklin died testate, having on the-23d day of July, 1892, executed his last will, which was on the 5th day of September duly probated and admitted to record; that said Shanklin, at the time of his death, was the owner of a large estate, real and personal; that said real estate is estimated to be worth from seven thousand dollars to eight thousand dollars. Saiel will directs that And W. W. Pence and John P. Shanklin were by said will appointed executors, and duly qualified as such, and took charge of said estate, both real and personal. Plaintiff further alleges that, by said will, said James Shanklin attempts to dispose of his entire estate. He further alleges that the home and foreign missions of the Southern Presbyterian Church and the American Bible Society, or the trustees thereof, if there be any, are neither natural persons nor corporations, but they are, each and all of them, incorporated religious societies or organizations, whose members are perpetually changing, and the bequests and provisions of said will for their benefit are indefinite charitable bequests; that the beneficiaries under said will are each indefinite, uncertain, and unascertainable.
Plaintiff further charges that there are no trustees for said home and foreign missions and for said American Bible Society, or, if so, they are unknown to him; that the bequests of five hundred dollars to the support of the pastor's salary of the Southern Presbyterian Church at Centerville, Monroe.county, is void, and the beneficiary is indefinite, unascertained, and unascertainable. The plaintiff further alleges that the Southern Presbyterian Church is not a natural person or a corporation, but a religious society, and the said home missions and foreign missions and American Bible Society are only agencies of said church or society; that, if there ever were trustees for said beneficiaries, they could not hold property and carry on business or sue in this State. And plaintiff further alleges that each and all of the bequests of said will are void, and that the whole of the estate real and personal of said James Shanklin should be, after the payment of the debts, distributed between his heirs at law and next of kin, who are entitled to the same; and he prays that the bequests made by said will to home and foreign missions of the Southern Presbyterian Church, or the trustees of said missions, or to the American Bible Society, or the trustees thereof, and to the support of the pastor's salary of the Southern Presbyterian Church at Centerville, W. Va., be declared void, and that each and all of the charitable bequests be declared void; that the heirs and next of kin of the said Shanklin, the testator, be declared entitled to all of his estate after the payment of the debts.
The American Bible Society filed its separate answer, claiming that it was an incorporated body, duly incorporated by the general assembly of the state of New York, by an act passed March 25, 1845 (chapter 68), which has been enlarged and modified by subsequent acts, so that it is fully authorized and empowered to receive and appropriate any bequests or devises that might be made for its use as a corporate body, exhibiting with said answer authenticated copies of said acts, claiming that, under the same, it is fully authorized to receive and appropriate the bequests of the testator, James S. Shanklin. Said respondent further says that whatever construction the court may put upon the bequest of live hundred dollars to be put out at interest, and the interest to be applied annually to the pastor's salary of the Southern Presbyterian Church, respondent readily acquiesces; but, should the court hold that said provision cannot be enforced by the court, then respondent will claim that one-third part of said sum must be decreed to it, and the said bequest must be divided equally between or among the three benevolent causes named in said will.
On petition, the trustees of the general assembly of the Presbyterian Church in the United States were made party to this cause, and filed their answer thereto, putting in issue certain allegations of the plaintiff's bill, and admitting that the Southern Presbyterian Church is not a natural person, nor a corporation, but claiming that the same is a religious society, and that the said home and foreign missions are agencies of the said church or society. Said defendant further averred that the said Southern Presbyterian Church and the home and foreign missions of said church arc capable, in law, of taking the bequests bequeathed in said will through this defendant, under and by virtue of a charter granted to this defendant by the legislature of the state of North Carolina; and respondent says that it is not true that each and all of the bequests of said will are void, nor that the whole of the estate, real and personal, of said James Shanklin should, after the payment of his debts, be distributed to his heirs at law and next of kin. Said respondent further proceeds to set forth the provisions of the charter granted to them by virtue of the act of the legislature of the state of North Carolina ratified the 19th of February, 1866, claiming that thereby they are authorized and empowered to take and hold all such estate, property, and effects as may be acquired by gift, purchase, devise, or bequest to enable the General Assembly of the Presbyterian Church in the United States to undertake and carry on the work of Christian education, of foreign and domestic missions, of the publishing of such books, tracts, and papers as are connected with the diffusion of religious literature and learning, and of the building up and supporting churches...
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