Ripley v. Brown

• Decision Date: 22 May 1914
• Citation: 105 N.E. 637,218 Mass. 33
• Parties: RIPLEY et al. RIPLEY v. BROWN et al. RIPLEY v. SWIFT, Atty. Gen.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

218 Mass. 33

105 N.E. 637

RIPLEY et al. RIPLEY v. BROWN et al. RIPLEY v. SWIFT, Atty. Gen.

Supreme Judicial Court of Massachusetts, Norfolk.

May 22, 1914

COUNSEL

Fred T. Field, of Boston, for appellants Brown and others.

Thomas J. Boynton, Atty. Gen., and Leo R. Eyges, Asst. Atty. Gen for appellant Swift.

Geo. M Stearns and Hamilton & Eaton, all of Boston, for appellees.

OPINION

BRALEY J.

It is the duty of the trustees, in whom the legal title properly vested, to administer the provisions of the will as directed by the testator unless they are declared invalid by a court of competent jurisdiction. Hall v. Cushing, 9 Pick. 395; Codman v. Brigham, 187 Mass. 309, 314, 72 N.E 1008, 105 Am. St. Rep. 394. And while, if no appeal had been taken, they would be protected by the probate decree setting aside the clause in question and establishing a resulting trust in favor of the heirs to whom the moneys forming the trust fund will be paid, nevertheless, they were aggrieved within the meaning of R. L. c. 162, § 9, and their appeal, as well as the appeal of the Attorney General, is properly before us. Adams v. Adams, 211 Mass. 198, 97 N.E. 982; Whitwell v. Bartlett, 211 Mass. 238, 98 N.E. 98; Burroughs v. Wellington, 211 Mass. 494, 98 N.E. 596; Minot v. Attorney General, 189 Mass. 176, 75 N.E. 149. But if the motion to dismiss cannot be granted, the principal question discussed is whether the fourteenth article, which is not affected by the agreement of compromise created a good public charity. It reads as follows:

'I give, devise and bequeath to my said trustees the sum of fifty thousand dollars to which shall be added after the death of my wife Betsey Mann fifteen thousand dollars, after the death or marriage of Emma A. Leeds twelve thousand dollars, after the death or marriage of Carrie S. Leeds, six thousand dollars, (see articles one, two, and three, of this my last will and testament, to which this refers.) These amounts combined making eighty-three thousand dollars shall be held in trust by my said trustees and kept invested in accordance with their best judgments the income and profits thereof shall be added semiannually to the principal until it shall amount to the sum of one hundred thousand dollars or until a society shall be formed who will contribute a sum equal to said eighty-three thousand dollars and its accumulated interest to make the same amount at which time the said one hundred thousand dollars together with the same amount (or more) that may be contributed by said society (if any such shall be) shall be devoted to the building and maintaining of a temple that shall be consecrated to that Christ who has been revealed unto us in the New Testament as having been born of woman. Therefore no theory is called for. Said temple, the walls thereof shall be constructed of granite and located in the city of Boston, Mass. The name thereof shall be the Temple of Christ, no sectarianism or worldly matters shall be taught or preached within the walls of said temple, the preachings and teachings shall be to the praise and glory of Christ and that which pertains to the eternal happiness or misery of the souls of the children of man, in the spirit world. And only this, whereby this temple shall not be desecrated neither in any way diverted from the praise and glory of the Christ who gave his life whereby the children of men should meet him in the spirit world if they would, and be eternally happy, may all those who have a desire to be with a greater God than Christ (if any such there be) try and conform to this reasonable request by adopting the words of Ruth and Naomi, and say unto Christ whither thou goest I will go where thou lodgest I will lodge. They people shall be my people. They God my God. Should the conditions of this bequest of article 14 in this my last will and testament be in any way violated and not redeemed within a reasonable time (one year) than all the property both principal and interest, together with the temple and all its furnishings (if already built) shall be forfeited, surrendered, given up, and conveyed to an institution to be then founded to be called the Industrial School and Home, and its maintenance for poor young men, and all the religious teachings that shall be taught in this institution shall be the same as taught by Christ while on earth to the rich and to the poor, and every inducement shall be held out to these young men to obey the teachings of Christ to whom this institution shall be consecrated. If the before named temple has not been built then a building or buildings commensurate with this calling shall be built with granite walls and such accommodation within as shall be found necessary by my executors, trustees (both being the same). It is the design of the legator should an institution be founded that different employments should be learned most suitable for the mind and the cultivation thereof, whereby such young men may become good and industrious servants of Christ, and for the children of men. After they shall have enjoyed the benefits of this

...