Raque v. City of Speyer

• Decision Date: 21 May 1925
• Citation: 129 A. 207
• Parties: RAQUE et al. v. CITY OF SPEYER, GERMANY, et al.
• Court: New Jersey Court of Chancery

129 A. 207

RAQUE et al.

v. CITY OF SPEYER, GERMANY, et al.

Court of Chancery of New Jersey.

May 21, 1925.

Suit by Philip E. Raque and another, as executors and trustees under the last will and testament of Julia P. Weltz, deceased, against the City of Speyer, Germany, and others, for construction of will. Will construed.

James A. Butler and Charles H. Blohm, both of Jersey City, for complainants.

Karl Z. Kiefer, of Newark, for defendant Protestant Orphan Asylum.

Ernest J. Magan, of New York City, for defendant Wm. Seward Weiss.

Harlan Besson, of Hoboken, for Alien Property Custodian.

BENTLEY, V. C. This bill is filed by executors for the construction of a will.

Julia P. Weltz, deceased, by the seventh section of the will in question, provided as follows:

"I give and bequeath all the residue and remainder of my estate of whatever it may consist or wherever situated, unto the Gewerbschule of the city of Speyer, Germany, or to whom governs or controls the same, to be used in said Gewerbschule for the acquisition of machinery, instruments and equipments of a workshop to aid in the practical application of scientific studies to be pursued therein or to create a fund from the interest of which new appliances or instruments can be from time to time acquired, so as to aid in the study of natural sciences and astronomy or to enable new discoveries in any of these to be experimented on or to be practically applied.

"This is to be called the 'Johann David Weltz Stiftung' in memory of my deceased husband. Provided, however, that should the Gewerbschule of the city of Speyer, Germany, or who governs or controls the same decline to receive the bequest on account of insufficiency of means, let the bequest be applied as far as it goes; but should it be declined for any other reason whatever in that case this legacy shall cease and be considered void and of no effect the same as if same had never been made; and the residue and remainder so declined as aforesaid, I in that case give and bequeath all the aforesaid residue and remainder of my estate of whatever it may consist or wherever situated, unto the Protestant Orphan Asylum of the city of Speyer, Germany, to be used in the creation of a fund from the interest of which any of the pupils among the wards of the asylum, male or female, who show particular talent for any of the arts or sciences shall be allowed to study said art or science so as to enable them to acquire a practical knowledge thereof and to earn a livelihood thereby. Should these at any time be willing to show their appreciation of the benefits received and be in condition to do so, they might regard this help as a loan and return it to the asylum so as to aid others in the same way. This is to be called the 'Johann David Weltz Stiftung.'"

There are four claimants, namely (1) the heirs at law; (2) the Gewerbschule of the city of Speyer; (3) the Protestant Orphan Asylum of the city of Speyer; and (4) the Alien Property Custodian.

I do not think that the bequest to the Gewerbschule can be sustained. It appears that this class of schools was either initiated or its scope and usefulness greatly enlarged at the beginning of the nineteenth century, so that the youth of Germany might be educated more efficiently in the application of the arts to manufacture and the elevation of mechanical instruction so that the competition of other countries might be more effectively met. Another class of schools in the German Empire were known as Realschule, and was designated to fit its pupils with a higher education in which the future merchant, the banker, and...