In re the Construction of the Will of Mott

New York Surrogate's Court

In re the Construction of the Will of Mott

9 Misc. 2d 1018, 171 N.Y.S.2d 403, 1958 N.Y. Misc. LEXIS 3795

CourtNew York Surrogate's Court

DecidedFebruary 28, 1958

StatusPublished

Cited by1 cases

This text of 9 Misc. 2d 1018 (In re the Construction of the Will of Mott) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Construction of the Will of Mott, 9 Misc. 2d 1018, 171 N.Y.S.2d 403, 1958 N.Y. Misc. LEXIS 3795 (N.Y. Super. Ct. 1958).

Pincite

Opinion

Leon Schwerzmann, Jr., S.

This is a proceeding for the construction of paragraphs eighth, ninth, tenth and seventeenth of testator’s will.

Under paragraphs eighth, ninth and tenth the testator has made certain bequests “ in trust ” to the “ Trustees, Northern New York Conference of the Methodist Church ”, the income of which is to be paid over to certain churches within the jurisdiction of the conference. By chapter 197 of the Laws of 1873, the trustees of the Northern New York Conference of the Methodist Church, were incorporated as a religious corporation. The corporate charter, in its present form as last amended by chapter 262 of the Laws of 1942, provides in section 4 thereof that one of the purposes of the corporation shall be “ to receive and hold in trust endowment funds of real and personal property for the benefit of local churches within the bounds of the conference. ’ ’

The words of express trust prefacing these gifts are not controlling. A bequest or devise to a religious or charitable corporation in trust to be used for a corporate purpose does not result in a technical trust, but rather passes as an absolute gift to the corporation with an implied agreement on the part of the corporation to carry out the testator’s instructions. (Matter of Griffin, 167 N. Y. 71; St. Joseph’s Hosp. v. Bennett, 281 N. Y. 115; Cadman Mem. Cong. Soc. of Brooklyn v. Kenyon, 306 N. Y. 151.)

Similarly, under paragraph seventeenth of the will, the testator has made a gift to another religious and charitable corporation, the Salvation Army, with the direction that the income shall be used for a children’s lunch program sponsored by the Watertown, New York, unit of that organization. This, too, must be construed as an absolute gift to the Salvation Army to be used by such parent corporation for the purposes indicated by the testator.

Submit decree.

Free access — add to your briefcase to read the full text and ask questions with AI

Leon Schwerzmann, Jr., S.

This is a proceeding for the construction of paragraphs eighth, ninth, tenth and seventeenth of testator’s will.

Under paragraphs eighth, ninth and tenth the testator has made certain bequests “ in trust ” to the “ Trustees, Northern New York Conference of the Methodist Church ”, the income of which is to be paid over to certain churches within the jurisdiction of the conference. By chapter 197 of the Laws of 1873, the trustees of the Northern New York Conference of the Methodist Church, were incorporated as a religious corporation. The corporate charter, in its present form as last amended by chapter 262 of the Laws of 1942, provides in section 4 thereof that one of the purposes of the corporation shall be “ to receive and hold in trust endowment funds of real and personal property for the benefit of local churches within the bounds of the conference. ’ ’

The words of express trust prefacing these gifts are not controlling. A bequest or devise to a religious or charitable corporation in trust to be used for a corporate purpose does not result in a technical trust, but rather passes as an absolute gift to the corporation with an implied agreement on the part of the corporation to carry out the testator’s instructions. (Matter of Griffin, 167 N. Y. 71; St. Joseph’s Hosp. v. Bennett, 281 N. Y. 115; Cadman Mem. Cong. Soc. of Brooklyn v. Kenyon, 306 N. Y. 151.)

Similarly, under paragraph seventeenth of the will, the testator has made a gift to another religious and charitable corporation, the Salvation Army, with the direction that the income shall be used for a children’s lunch program sponsored by the Watertown, New York, unit of that organization. This, too, must be construed as an absolute gift to the Salvation Army to be used by such parent corporation for the purposes indicated by the testator.

Submit decree.

Cite This Page — Counsel Stack

Bluebook (online)

9 Misc. 2d 1018, 171 N.Y.S.2d 403, 1958 N.Y. Misc. LEXIS 3795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-mott-nysurct-1958.

Opinion

Related

Cite This Page — Counsel Stack