41 Ind. App. 447 | Ind. Ct. App. | 1907
This suit involves the title as between appellants and appellee to certain described real estate. The case was submitted to the trial court upon an agreed statement of facts, which was, in substance, as follows: Emeline Thornton departed life' at Pike county on December 8, 1903, leaving no descendant, husband, parent, brother or sister, but leaving • as her heirs at law the appellants, whose relationship is set out. She died the owner and in possession of the real estate in controversy. In addition to said real estate she left $42,000 worth of personal property and no debts. On December 15, 1900, she executed her last will and testament, which is set out in extenso. After her death, and before the institution of this suit, said will was duly probated. The instrument consists' of twenty-two items or clauses, in thirteen of which she makes bequests of money to sixteen different persons and corporations, aggregating $20,600, and in six of which she disposes of specifically described personal property. The language used in each of said items being: “I ’will and bequeath.’’ The twentieth item is as follows:
“After all bequests have been paid and all indebtedness of my estate settled, I will and bequeath to Peters-burg, Indiana, the residue for the erection of a public school building in said town.”
The testatrix was, at her decease, and had been for more than fifty years prior thereto, a resident of the town of
The'court found for appellee that it was the owner in fee simple of the land described, and quieted its title thereto.
The questions of law involved in this appeal are simple and elemental: (1) Can a residuary clause — “I will and bequeath to Petersburg, Indiana, the residue for the erection of a public school building” — dispose of real estate? (2) is a gift by will to a municipal corporation for school purposes valid?
The testatrix, in disposing of her large estate, was evidently actuated throughout by a spirit of lofty and enlightened benevolence. It was her estate, and the residuary clause under consideration must stand as her last unselfish charity.
Affirmed.