Schutt v. Missionary Soc'y of the Methodist Episcopal Church

• Decision Date: 16 April 1886
• Citation: 41 N.J.E. 115,3 A. 398
• Parties: SCHUTT v. MISSIONARY SOCIETY OF THE METHODIST EPISCOPAL CHURCH AND OTHERS.
• Court: New Jersey Court of Chancery

3 A. 398

41 N.J.E. 115

SCHUTT

v. MISSIONARY SOCIETY OF THE METHODIST EPISCOPAL CHURCH AND OTHERS.

Court of Chancery of NEW JERSEY.

April 16, 1886.

Bill for relief. On general demurrer.

Coult & Howell, for demurrants.

Biker & Riker, for complainants.

RUNYON, Ch. The bill is filed to enforce performance of a written contract made by Godfrey Schutt, now deceased, the uncle of the complainant, with the latter. Godfrey Schutt died in 1879, leaving a will by which, after directing that all his debts and funeral expenses be paid, he gave all his estate to his wife, for life, with full power and unlimited authority to use and dispose of whatever part of it she might desire for her own use during her life. He then gave to Laura Gilbert $100, and gave all the residue of his estate, after his wife's death, to the Missionary Society of the Methodist Episcopal Church, incorporated by the legislature of the state of New York, to be appropriated to the cause of foreign missions. His widow is dead, and the legacy to Laura Gilbert has been paid. His estate consisted of a house and lot in Irvington, in Essex county, and personal property of the value of about $12,500. This suit is brought against the society and the administrator cum testamento annexo de bonis non to recover what remains of the estate.

The complainant's claim is based upon the following facts: In the beginning of 1869, when the complainant was but 33 years old, he was living in Wolgast, in Germany, working at his trade of a ship carpenter. He had a house and lot there, and some personal property, and was in comfortable circumstances, and contented. He was living with his family, among his friends, at home, in his native country, and he did not wish to change his abode or manner of life. He then received a letter from his uncle, Godfrey Schutt, who then lived in Irvington, containing, according to the averments of the bill, an express promise, agreement, and contract on the part of the latter that if the complainant would come to him in this country, and live with him, he should be to him as an only child and heir, and should finally become possessed of his estate, both real and personal. In the summer of 1869 he came to this country with his family, arriving in July. From that time until his uncle's death, a period of over 10 years, he gave to his uncle his personal attention and care like a son. Part of the time he lived in the same house with him in Newark, and part of the time he lived with him in his house at Irvington, and the rest of the time he lived in a house which he built, at his uncle's request, with his own money, on a lot worth about $350, given to him by his uncle, adjoining his uncle's house. He supported himself and his family all the time, and paid rent to his uncle for the part of the house which he occupied while he lived in Newark. He never received anything except the abovementioned lot for his services. In the fall of 1869 his Uncle made a will, by which he gave to him the greater part of his property; but afterwards, through the importunity of his wife, destroyed it, and subsequently made the one which was in force at his death, by which he gave the complainant nothing.

That such a contract as is set forth in the bill can be enforced, was held in this court in Van Dyne v. Vreeland, 11 N. J. Eq. 370; S. C. 12 N. J. Eq. 142. See, also, Hill v. Gomme, 1 Beav. 540. But it is urged on the part of the demurrants that the letter (which is set out without translation, in the bill, in the German language, in which it was written) does not warrant the statement made in the bill as to its import. The letter, as I read it, is as follows:

"Dear Nephew: For a long time I have expected a letter from you, but have expected in vain. I have nevertheless kept on hoping that you would come to us, and with your family earn your living here with us. I do not know how much or how little you now earn; but I am sure of this, however, that you can earn ten times as much here as you can earn in Germany. My brother John once wrote me that I must not forget my heir, (meaning you, perhaps,) but I will send no money to Wolgast. If you want to be my heir, you must come to me, and that very soon, for I and my wife are both old, and I especially am very feeble. But if you do not come,—do not want to come,— you cannot be my...