59 Kan. 1 | Kan. | 1898
Mary Brophy, a widow lady, was a member of the Roman Catholic Church and a believer in its faith and doctrines. She was possessed of an estate consisting of personal property alone. She died, after having executed a will in which specific legacies in money were given to her children and grandchildren. A residuary sum was bequeathed in the following language: “I give and bequeath to Rev. James Collins, for mass for his grandfather’s and grandmother’s soul.” The legatee named was a priest of the Roman Catholic Church, and was the grandson of the testatrix and her deceased husband. The validity of the legacy made to him is denied by the heirs of Mary Brophy. The District Court sustained the bequest, and error is now prosecuted from its decision.
The claims of error are, that the will undertakes to create a trust, the beneficiaries of which are disembodied spirits, in whose favor no trust can exist; that the trust, if otherwise valid, is void for uncertainty in the cestuis qui trustent, and that the gift is void because repugnant to the ancient common law against bequests for “ superstitious uses.” Of these in their order.
“ If the bequest had been a sum of money to an incorporated Roman Catholic church or churches, duly designated by the testator, and authorized by law to receive such bequests for the purpose of solemnization of masses, a different question would arise. But such is not the case.”
Since the decision of that case, the subordinate courts of New York have upheld bequests of the character of the one in question. In Re Howard’s Estate, 25 N. Y. Suppl. 1111; Vanderveer v. McKane, 25 Abb. New Cases, 105. The fact that the legacy was a gift direct, and was not bequeathed in trust, obviates the necessity of noticing the objection, made by counsel for plaintiff in error, that it is void for uncertainty as to the beneficiaries.
Neither is the gift void because repugnant to the law against bequests for “superstitious uses.” To properly interpret the part of the will in question, and to determine whether effect can be given to it, we must bear in mind the Catholic Church, doctrine of Purgatory. t Purgatory is defined by an authorative expositor of the Church’s creed to be “a state of suffering after this life, in which those souls are for a time detained who depart this life after their deadly sins have been remitted as to the stain and guilt, and as to the everlasting pain that was due to them; but
“And when he had made a gathering throughout the company to the sum of two thousand drachms of silver, he ( Judas Maccabeus ) sent it to Jerusalem to offer a sin offering, doing therein very well and honestly, in that he was mindful of the resurrection ; for if he had not hoped that they that were slain should have risen again, it would have been superfluous and vain to pray for the dead. And also in that he perceived that there was great favor laid' up for those that died godly. (It was an holy and great thought.) Whereupon he made a reconciliation for the .dead, that they might be delivered from sin.” 2 Maccabees, ch. 12, verses 48, 44, 45.
“Congress shall xnake xxo law respecting an establishment of religion or prohibiting the fx*ee exercise thereof.” Amendmexit to the Constitution of the United States, Art. 1.
“The right to worship God according to the dictates of consciexxce shall never be. infringed ; nor shall any person be compelled to attend or support any form of worship ; nor shall any control of, or interference with the rights of conscience be permitted ; nor any preference be given by law to any religious establishment, or xnode of worship. No religious test or property
Many other provisions illustrative of the degree of religious toleration allowed to the people - of this country might be quoted. The bequest of Mary Brophy is valid by the letter of many of them, and by the spirit of all. We may question the soundness of her belief, and may deride the claim of efficacy of the service she desired to have performed, but the law has no care for contrariety of faith a-s to spiritual things, and will, therefore, sanction the bequest she has made. The law interferes with no mere religious opinions, nor with religious practices, except such as tend to subvert the foundation of public morals and order. Reynolds v. United States, 98 U. S. 145.
The judgment of the court below is affirmed.