Patton v. Pierce

• Decision Date: 07 December 1933
• Citation: 169 A. 284
• Parties: PATTON et al. v. PIERCE et al.
• Court: New Jersey Court of Chancery

169 A. 284

PATTON et al.

v. PIERCE et al.

Court of Chancery of New Jersey.

Dec. 7, 1933.

Syllabus by the Court.

Under the doctrine of cypres, the general charitable intent of a testator may be carried out in case altered circumstances render it impracticable to carry out the special intent.

Suit by James G. Patton and others against John Pierce and others.

Decree in accordance with opinion.

William A. Sumner, of Paterson, for complainants.

Merritt Lane, of Newark, for defendants John Pierce et al.

Edward F. Merrey, of Paterson, for defendant Little Sisters of the Poor.

Peter Hofstra, of Paterson, for defendant Holland Home Ass'n.

LEWIS, Vice Chancellor.

The complainants bring this bill asking for instructions concerning the disposition of certain funds which are now held under the following circumstances. By the will of William H. High, executed May 15, 1895, he provided as follows:

"Item Eighth: After paying all of the bequests herein mentioned, and the setting aside the amounts necessary to pay the several bequests contained in Item Fourth of this will, I hereby give and bequeath the remainder of all my real and personal property that I may die possessed of to establish an Old Men's Home for the admission of aged and feeble men, to be conducted similarly to the 'Old Ladies Home' now in existence in this City, and it is my desire that the pastors of the Church of the Redeemer, Second Presbyterian Church, St. Marks Chapel, Trinity M. E. Church, and the First Baptist Church, all of this City, shall take the initiative and select the Board of Trustees, Managers, & c. to conduct the same."

He died in 1899, and in 1906 the pastors mentioned in the will appointed trustees, of whom James G. Patton, one of the complainants, is now the survivor. The trustees organized a corporation known as the William High Home for the purpose of establishing and conducting a home for aged and feeble men in the city of Paterson. In 1908 the executor of William H. High paid over to the treasurer of the trustees approximately $13,000. It is conceded that this sum was insufficient to establish and maintain a home. The fund with its increments and also the gift of $1,500 from another source has accumulated in the hands of the corporation up to the present time and now amounts to approximately $35,000. The surviving trustee asks that he be authorized to pay one-half of the accumulated fund to each of the Little Sisters of the Poor of Paterson and to the Holland Home of Paterson. All the necessary parties are before the court including the heirs at law and next of kin of William H. High. These latter resist the application of the surviving trustee and contend that the gift under the eighth section of the will has failed and that the money was to be distributed to them as next of kin.

The doctrine of cy-pres is now well established in this state. In MacKenzie v. Trustees of Presbytery of Jersey City, 67 N. J. Eq. 652, page 676, 61 A. 1027, 1037, 3 L. R. A. (N. S.) 227, the court says: "In Pennington v. Metropolitan Museum of Art et al. (1903) 65 N. J. Eq. [20 Dick.] 11, 55 A. 468, the present Chancellor had before him a bill filed by the executors of Jacob S. Rogers for instructions respecting the administration of a trust of great value. Suffice it here to say that he dealt with the question (at page 22 of 65...