Pawtuxet Baptist Soc'y v. Pawtuxet Baptist Church & Soc'y

• Decision Date: 25 June 1929
• Docket Number: No. 882.,882.
• Citation: 146 A. 762
• Parties: PAWTUXET BAPTIST SOCIETY v. PAWTUXET BAPTIST CHURCH ANDSOCIETY et al.
• Court: Rhode Island Supreme Court

146 A. 762

PAWTUXET BAPTIST SOCIETY

v. PAWTUXET BAPTIST CHURCH ANDSOCIETY et al.

No. 882.

Supreme Court of Rhode Island.

June 25, 1929.

Case Certified from Superior Court, Providence and Bristol Counties.

Bill in equity by the Pawtuxet Baptist Society against the Pawtuxet Baptist Church and Society and others for the construction of the will of Mary Tyler Sheldon, deceased. Cause, being ready for hearing for final decree, was certified by superior court for determination under Gen. Laws 1923, § 4968. Decree in accordance with opinion.

Littlefield, Otis & Knowles and James B. Littlefield, all of Providence, for complainant.

Charles P. Sisson, Atty. Gen., for the State.

PER CURIAM. This is a bill in equity praying for construction of the will of Mary Tyler Sheldon. The cause being ready for hearing for final decree was certified by the superior court to this court for determination. The clause concerning which an uncertainty has arisen is as follows: "VI. I give to my brother Frank L. Sheldon during his natural life, the use of my interest in the Sheldon Homestead, the yearly Cranston tax thereon to be paid from my estate * * * and upon the death of my brother Frank L. Sheldon my interest in the Sheldon Homestead shall be given to the Pawtuxet Baptist Church and Society."

The question is: What organization did the testatrix intend to designate by the devise to the Pawtuxet Baptist Church and Society? The complainant contends that she intended to benefit it, the Pawtuxet Baptist Society, and not the defunct organization named.

The Pawtuxet Baptist Church and Society was organized under a charter granted by the General Assembly in 1805. The affairs of the Pawtuxet Baptist Church were conducted under said charter until 1856, when a committee was appointed by the corporation to "obtain a charter for said Church & Society." Said committee, instead of securing the passage of an act amending the original charter as to name and in other respects as desired, obtained from the General Assembly in 1857 (Laws 1857, p. 50) a new charter with the name Pawtuxet Baptist Society. Section 9 of the act granting the new charter provided that: "All Acts heretofore passed by the General Assembly for the regulation of the Pawtuxet Baptist Church and Society inconsistent with this Act are hereby repealed." The new charter which was obtained from the General Assembly in 1857 was accepted by the respondent, the old corporation, at a meeting of said corporation held February 28, 1857. From said date to...