Trs. of Cent. Methodist Episcopal Church v. Harris

• Court: Connecticut Supreme Court
• Writing for the Court: CARPENTER, J.
• Citation: Trs. of Cent. Methodist Episcopal Church v. Harris, 25 A. 456, 62 Conn. 93 (Conn. 1892)
• Decision Date: 30 June 1892
• Parties: TRUSTEES OF CENTRAL METHODIST EPISCOPAL CHURCH v. HARRIS.

25 A. 456

62 Conn. 93

TRUSTEES OF CENTRAL METHODIST EPISCOPAL CHURCH

v. HARRIS.

Supreme Court of Errors of Connecticut.

June 30, 1892.

Case reserved from superior court, New London county.

Action by the trustees of the Central Methodist Episcopal Church against George W. Harris, administrator of the estate of Mary Ann Ripley, deceased, to recover property claimed under the will of Hezekiah Ripley. Case reserved to this court. Judgment for defendant.

S. Lucas, for plaintiffs.

F. T. Brown, for defendant.

CARPENTER, J. Hezekiah Ripley died, leaving a will in which is the following provision: "I give, bequeath, and devise all the rest and residue of my estate, both real and personal, to my beloved wife, Mary Ann Ripley, and to her heirs for ever: provided, that whatever of the same, if any, she may leave, not used by her for her support and comfort, I give and bequeath to said Central M. E. Church, to be paid to the worn-out preachers and their widows and orphans of the Methodist Episcopal Church, and the missions of said M. E. Church, in equal proportions, share and share alike." Mrs. Ripley is now dead, leaving a portion of the property so bequeathed to her. This suit is to recover that property if the plaintiffs are entitled to recover, some questions arise as to the validity of the gift to them. But, as we are of the opinion that the gift over to them is inoperative, we have no occasion to consider those questions....