Taylor v. Hoag

116 A. 826, 273 Pa. 194, 21 A.L.R. 946, 1922 Pa. LEXIS 546
CourtSupreme Court of Pennsylvania
DecidedMarch 6, 1922
DocketAppeal, No. 221
StatusPublished
Cited by43 cases

This text of 116 A. 826 (Taylor v. Hoag) 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
Taylor v. Hoag, 116 A. 826, 273 Pa. 194, 21 A.L.R. 946, 1922 Pa. LEXIS 546 (Pa. 1922).

Opinions

Opinion by

Mr. Justice Frazer,

Doctor Charles F. Taylor assigned to himself and three others the bulk of his personal property, amounting to more than $150,000, also the assets of a magazine known as the “Medical World,” in trust to apply the net income, inter alia, “to promote improvements in the structure and the methods of government, with a special reference to the initiative, referendum, and recall; proportional representation; preferential voting; ballot reform; the simplification of municipal, state and national government, and the revision or remaking of city charters, state constitutions and our national constitution, with a view to promote efficiency and popular control of government,” and providing further that the trustees should have “full power and authority to employ and pay lecturers and writers and such other assistants and employees as they may deem necessary for prop[196]*196erly carrying out the purposes of the trust; to print, publish and distribute pamphlets, magazines and newspapers ; and generally to use any and all lawful means to increase the knowledge of the citizens of the United States of America upon these governmental and political questions; and shall further draft bills and acts, laws and other legislation and use all lawful means to have them introduced and passed to the end that popular democratic and efficient government may be promoted in the United States of America.” The trustees took possession of the property during the donor’s lifetime, who, at his death, left a will giving his residuary estate to his wife and appointing her coexecutrix. The deed also contained a clause providing for the modification, cancellation or rescinding of the trust at any time, by agreement between the grantor and trustees, authorized by a vote of the majority exclusive of the grantor; the widow, as executrix, requested the trustees to revoke the trust and, on their refusal to do so, filed the present bill asking that the trust be declared void and that the trustees be ordered to account and deliver to her the entire trust property. The court below found the trust to be valid and dismissed the bill and plaintiff appealed. The sole question for consideration is whether the purposes mentioned in the deed of trust constitute a charitable use. If so, the trust is valid, otherwise it is void as violating the rule against perpetuities.

The principal contention of appellant is that since the purpose of the trust was to secure radical changes in our system of government it is, accordingly, contrary to law and cannot be sustained. The word “charitable,” in a legal sense, includes every gift for a general public use, to be applied, consistent with existing laws, for the benefit of an indefinite number of persons, and designed to benefit them from an educational, religious, moral, physical or social standpoint. In its broadest meaning it is understood “to refer to something done or given for the benefit of our fellows or the public”: Knight’s Est., 159 [197]*197Pa. 500, 502. “The attempt to formulate a definition that is so specific as to cover every public charity, is sure to prove a failure. Charitable uses take such varied forms that a specific enumeration of the classes or objects is necessarily defective. The scope of a charitable use is well defined in Perry on Trusts, cited in Ould v. Washington Hospital, 95 U. S. 303, ‘A charitable use, where neither law nor public policy forbids, may be applied to almost anything that tends to promote the well doing and well being of social man.’ In Episcopal Academy v. Phila., 150 Pa. 565, this court said, ‘Whatever is gratuitously done or given, in relief of the public burdens or advancement of the public good, is a public charity. In every such case as the public is the beneficiary, the charity is a public charity.’ In Fire Ins. Patrol v. Boyd, 120 Pa. 624, we said, ‘A charity in a legal sense may be more fully defined as a gift to be applied consistently with existing laws for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government” : Centennial and Memorial Association of Valley Forge, 235 Pa. 206, 210. See also Barnwell’s Est., 269 Pa. 443.

Viewed in the light of the foregoing definitions the trust under consideration must be held to be for the benefit and welfare of the public in that its object is to promote improvements in the structure and methods of government, with a view to efficiency and popular contact and to use all lawful means to increase the knowledge of citizens on governmental and political questions.

Must it be held void because the successful attainment of these objects would involve a change in existing laws? We would hesitate to subscribe to such doctrine unless reason or authority compelled us to do [198]*198so. Appellant relies upon Jackson v. Phillips, 14 Allen (Mass.) 539, where it was held that a trust to secure the passage of laws granting women the right to vote, hold office and deal with their property on an equality with men, could not be maintained because the accomplishment of its object required changing the Constitution. At the same time, however, the court upheld another trust in the same will seeking the abolition of slavery and the reform of the fugitive slave law, both objects being recognized institutions at that time and involving questions of such serious controversy as to require not only a constitutional amendment but a Civil War to settle them. The court said (page 555): “In a free republic, it is the right of every citizen to strive in a peaceable manner by vote, speech or writing, to cause the laws, or even the Constitution, under which he lives, to be reformed or altered by the legislature or the people. But it is the duty of the judicial department to expound and administer the laws as they exist. And trusts whose express purpose is to bring about changes in the laws or political institutions of the country are not charitable in such a sense as to be entitled to peculiar favor, protection and perpetuation from the ministers of those laws, which they are designed to modify or subvert.” The court justified its action in upholding one trust and declaring the other invalid by saying (page 565): “The manner stated of putting an end to slavery is not by legislation or political action, but by creating a public sentiment which rather points to moral influence and voluntary manumission. The means specified are the usual means of public instruction by books and newspapers, speeches and lectures......The just inference is that lawful means only are to be selected and that they are to be used in a lawful manner.”

We find it difficult to reconcile the opposite conclusions reached by the Massachusetts court with respect to the different objects of the trust, since both contemplated a change in existing laws and, consequently, to that ex[199]*199tent were contrary to law, but neither proposed, to effect a change in other than a lawful manner. In Garrison v. Little, 75 Ill. App. 402, a trust to provide funds to aid in securing to women of the United States the right to vote was held not to be a violation of public policy and was sustained as a charity and in George v. Braddock, 45 N. J. Eq.

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Bluebook (online)
116 A. 826, 273 Pa. 194, 21 A.L.R. 946, 1922 Pa. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-hoag-pa-1922.