39 Conn. 63 | Conn. | 1872
By the will before us the testator gave the use of his estate to his wife and Arza Smith, during the life of
Has this trust become inoperative ¡ has this bequest for the benefit of certain families in the school society in Ridgebury lapsed and terminated ?
The object of this testator — the promotion of education, the diffusion of its blessings among the children of want and poverty — was certainly most laudable, most desirable. A design so noble should not be frustrated, unless there are insuperable obstacles to its accomplishment.
We do not think the changes in our law respecting school societies, made since the probate of this will, materially affect this question. This gift is not to the school society, but to certain families within the limits of the society. Though the society be abolished, the territory remains, and the families remain. The mode of taxation also is changed. When this
We see no grounds for believing that the moiety of the income of this estate has been, or now is, perverted from the original purpose had in view by this testator. On the contrary, it seems to us that his intention is being fairly and literally carried into effect, and, for aught that we can discern, this may be continued for an indefinite period of time. It would be unjust alike to the living, and to the memory of the dead, were we to take this estate out of the hands in which this testator placed it to effect a most desirable object, which object it is now effecting, and divert it into other channels. It would seem to contradict the remark of Sir Edward Coke in Porter's Case, 1 Rep., 24 ; “No time was so barbarous as to abolish learning and knowledge,.nor so uncharitable as to prohibit relieving the poor.”
The Superior Court is advised to dismiss the- bill.