In Re Estate of Laning

339 A.2d 520, 462 Pa. 157, 89 A.L.R. 3d 972, 1975 Pa. LEXIS 846
CourtSupreme Court of Pennsylvania
DecidedMay 13, 1975
Docket429
StatusPublished
Cited by6 cases

This text of 339 A.2d 520 (In Re Estate of Laning) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Laning, 339 A.2d 520, 462 Pa. 157, 89 A.L.R. 3d 972, 1975 Pa. LEXIS 846 (Pa. 1975).

Opinions

OPINION OF THE COURT

ROBERTS, Justice.

The will of Elizabeth Laning bequeathed her entire estate to a trustee, directing that the income be paid to her adopted daughter, Helen Laning Musser, for life and the corpus then distributed to “such of the lineal heirs of my daughter ... as there are, at the time the youngest arrives at the age of twenty-one years, members in good standing of the Presbyterian Church.” In the absence of qualifying grandchildren, the corpus was to pass to appellant Home for Homeless Women. After the death of the life tenant the trustee filed a final account and sought directions as to the distribution of the trust estate.

Appellees, the children of Helen Laning Musser,1 although admitting that they are not and never have been members of the Presbyterian Church claim the estate on the ground that the condition of membership is unenforceable. Appellant maintains that the condition is valid and precludes appellees from receiving any interest in the trust corpus. The orphans’ court concluded that the condition of membership is unforceable both because it is [161]*161contrary to the public policy of Pennsylvania and because the Fourteenth Amendment forbids any state to give effect to such a condition. This appeal followed.2 We reverse.

Because the claim that the condition is contrary to public policy, if resolved in favor of appellees, would obviate the need to resolve the constitutional question, that claim must be considered first. In support of the contention that the condition is contrary to public policy, appellees cite Drace v. Klinedinst, 275 Pa. 266, 118 A. 907 (1922), and Devlin’s Trust Estate, 284 Pa. 11, 130 A. 238 (1925). However, these cases are distinguishable.

In Drace, the testator devised certain land to his son for life and thereafter to his son’s children “provided they remained faithful to a particular religion; and in case any of them forsook this religion, ‘then and in that case, to the remaining children who remain true’ to this religion.” 275 Pa. at 267, 118 A. at 908. The children “remained faithful” until some time after the death of their father, but then left that church and joined another. When they sought to convey the property, the purchaser questioned the marketability of the title, fearing that breach of the religious condition might have divested the children of title. This Court held that 1) the language of the will was not sufficient to render defeasible the estate devised and 2) even if the language would otherwise create a defeasible estate, the enforcement of the forfeiture would be contrary to the public policy of this Commonwealth.

In our view, the key to the Drace holding is the fact that the will sought to require the remaindermen to “remain true” to the specified religion. Enforcement of this condition would thus require a determination of the doctrines of that religion and an inquiry as to whether [162]*162the remaindermen had “remained true” to those doctrines. Such questions are clearly improper for a civil court to determine. Indeed, it is apparent from the unanimous decision of the United States Supreme Court in Presbyterian Church v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 89 S.Ct. 601, 21 L.Ed.2d 658 (1969), that civil courts are constitutionally forbidden to make such determinations.

In the Presbyterian Church case, the courts of Georgia had undertaken to resolve a dispute over the right to church property by determining whether the denomination had substantially departed from the tenets of faith and practice existing at the time when the congregation had affiliated with the denomination. The Supreme Court unequivocally condemned such intrusion into ecclesiastical affairs by civil courts:

“[T]he departure-from-doctrine element of the Georgia implied trust theory requires the civil court to determine matters at the very core of a religion — the interpretation of particular church doctrine and the importance of these doctrines to the religion. Plainly, the First Amendment forbids civil courts from playing such a role.”

Id. at 450, 89 S.Ct. at 607.

Not only would the condition in Drace have required improper inquiries into the content of religious doctrine, but the intrusion into the ecclesiastical domain would have been magnified by the need to probe into the beliefs of the remaindermen. In contrast, the bequest involved here requires no inquiry into either doctrine or belief. All that need be determined is whether the beneficiaries are or are not members of the specified church.3

[163]*163Devlin’s Trust Estate, 284 Pa. 11, 130 A. 238 (1925), also relied upon by appellees, is equally inapposite. There a trust was created for the benefit of settlor’s three-year old grandson, provided that he was “reared in the Roman Catholic faith.” The inquiry necessary to administer this condition was apparently limited to the obtaining of two certificates annually: one attesting to the grandson’s attendance at a Roman Catholic school and one “from the Roman Catholic Priest of the parish in which [the grandson] resides that the child is being brought up and reared in the Roman Catholic faith.” In an action for a declaratory judgment, this Court held the condition to be against public policy and therefore void.

In our judgment, the vice of the condition in Devlin inhered in its obvious purpose: to compel the child’s Protestant mother to rear him in the faith of his deceased father, instead of her own faith. The probable effect of this would be disruption of the child’s relationship with his only surviving parent. In view of the central role of the parent in the development of the child to responsible adulthood, enforcement of a condition which would so disrupt the relationship is contrary to public policy. In re Borwick [1933] Ch. 657; 4 see 1 A. Scott, Law of Trusts § 62.5, at 582-84 (3d ed. 1967), and cases there cited; 2 G. G. Bogert & G. T. Bogert, Law of Trust and [164]*164Trustees § 211, at 438 (2d ed. 1965); cf. Girard Trust Co. v. Schmitz, 129 N.J.Eq. 444, 20 A.2d 21 (1941) (condition that adult siblings have no communication or intercourse with one another void as against public policy) ; Restatement (Second) of Trusts § 62, comments f. & g. (1959); Restatement of Property § 433 (1944); 6 American Law of Property § 27.19 (A. J. Casner, ed. 1952).

The provision involved here presents no such tendency to disrupt the relationship of parent to minor child. The testatrix expressed no concern for the religious education of her grandchildren, for the condition deals only with their status at the time when the youngest among them becomes twenty-one. The effect of the condition, then, is only to offer an inducement to the testatrix’s adult grandchildren to adhere to her faith. To be sure, this may have some disruptive effect on familial relationships among adults, but this effect is of far less social concern.

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In Re Estate of Laning
339 A.2d 520 (Supreme Court of Pennsylvania, 1975)

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Bluebook (online)
339 A.2d 520, 462 Pa. 157, 89 A.L.R. 3d 972, 1975 Pa. LEXIS 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-laning-pa-1975.