White v. Hale

• Court: Tennessee Supreme Court
• Writing for the Court: MILLIGAN
• Citation: White v. Hale, 42 Tenn. 77 (Tenn. 1865)
• Decision Date: 30 September 1865
• Parties: NOAH WHITE et als. v. MADISON HALE AND WIFE.

42 Tenn. 77

NOAH WHITE et als.

v.MADISON HALE AND WIFE.

Supreme Court of Tennessee.

September Term, 1865.

FROM JEFFERSON.

This cause was heard at a special term in March, 1861, SETH J. W. LUCKEY, chancellor, presiding, dismissed complainant's bill, and divided the cost equally between the parties. Both parties appeal.

THOS. D. ARNOLD, for complainants.

SWAN & MCFARAND, for respondents.

MILLIGAN, J., delivered the opinion of the court.

John Aden departed this life in the county of Jefferson, in the year 1843, having previously made and published his last will and testament, in which, after devising all his household and kitchen furniture to his wife, Nancy Aden, absolutely, he proceeds as follows, viz.:

“I also give and bequeath to my wife Nancy Aden, all my real estate and personal property, for and during the term of her natural life; and after her decease, I give and bequeath unto my niece Hannah Jane Bryson, if alive at that time, all my personal property existing at that time, excepting the household and kitchen furniture. After the death of my wife, I will, if the said Hannah J. Bryson be not living at that time, all my real estate and personal property, with the exception of the household and kitchen furniture, unto the Baptist Nolachucky Association, to dispose of all my personal property, except household and kitchen furniture, on a credit of twelve months, or otherwise, at their discretion, to be appropriated to the support of old Baptist ministers of the Gospel of Jesus Christ, who have maintained a good character, and of the same faith and order of the Nolachucky Association.

Next. I devise and direct that my land be never sold; but that the said Association appoint and empower some discreet member of their own body who shall be authorized to rent and receive rents, and apply the same for the above purposes, as directed, forever; and such agent, when appointed, whenever found incapable, from want of ability or otherwise, to manage as above directed, the said Association shall supply the vacancy by appointing another, which power I give into the hands of said Association, forever.”

The will names no executors, and was admitted to probate and record in the county court of Jefferson county at its December term, 1843. The testator left no children surviving him, and the original bill in this case was filed on the 15th of December, 1856, by Noah White, styling himself “the agent or trustee of the Baptist Nolachucky Association,” and claiming the bequest as a charity, and asking the court to invest him and his successors in office, with title to the land devised, for ever; and that the defendants, the tenants in possession, be ousted, and the yearly rents and profits be applied to the support of the “old Baptist ministers of the Gospel of Jesus Christ, who have maintained a good moral character, and of the same primitive faith and order of the Nolachucky Association.”

The authority under which the complainant in the original bill appears to have acted, was conferred on the 4th of September, 1856, by the annual session of the Primitive Baptist Nolachucky Association; and afterwards, on the 22d of March, 1858, the same body, by deed of appointment, constituted Noah White, Banard C. Headrick, Samuel Hitt, Jacob Blackwell, and James Denniston, a board of trustees, with power, as expressed in the deed of appointment, to sue and be sued, to hold and possess real, personal, and mixed property, and to do and perform all other acts and things necessary and proper to be done, as trustees, for the promotion of the interests of the Association. Under this appointment, they file an amended and supplemental bill, setting up, substantially, the same equities relied on in the original bill.

The proof is very voluminous, and in some respects, conflicting, especially in reference to the particular branch of the Baptist church--after the division of that church--to which the testator intended his bounty. But in the view we have of this case, it is unnecessary to advert to that part of the testimony, or to decide the questions raised in argument upon it.

The testator's niece, Hannah Jane Bryson, survived his widow, Nancy Aden, and she is still living, and a party defendant to this suit.

The...