187 A.D. 668 | N.Y. App. Div. | 1919
This is an action by the executor of the will of Edward M. Knox for the judicial settlement óf his accounts involving a construction of the will.
The legatee is not a corporation and there is no church or religious body at Manila known by that name. The appellant is a New York religious corporation, organized for and conducting religious and charitable work in various parts of the world. It has charge and financial oversight and administrative responsibility for a number of religious and educational undertakings in the Philippine Islands which it assists through a finance committee, and the acts of such committee require its approval. There is a church edifice at Manila, erected by appellant in 1907, at a cost of $20,000, on land evidently owned by the United States, for the use of which the appellant pays. Such a finance committee of the appellant is in charge of that and a number of Methodist Episcopal churches in the Philippine Islands and they are used for religious worship and are known as missionary churches. The church for a time was to some extent known as the Cervantes Street Church; but upon its comer stone is inscribed: “ Knox Memorial — The First Methodist Episcopal Church,” and it is also known as the “ Knox Memorial ” and “ Knox Memorial Church,” and is and has been exclusively so known and designated by appellant and those conducting the church under its supervision. The testator contributed to appellant the sum of $5,000 toward the erection of the church and the money was used to buy the steel. His sister contributed a like amount for the same purpose. The other half of the cost
Usually in this class of cases there is evidence dehors the record showing that the testator belonged to the particular religious denomination or was deeply interested in the work to further which the legacy was given; but here we have no
It follows that the judgment in so far as it is appealed from should be reversed, with costs to appellant payable out of the estate, and the findings and conclusions of law inconsistent with these views reversed and appropriate findings and conclusions in accordance therewith made, and that judgment should be entered in favor of appellant sustaining and directing the payment of the legacy, with costs.
Clarke, P. J., Shearn and Merrell, JJ., concurred; Page, J., dissented.
Judgment so far as appealed from reversed, with costs to appellant payable out of the estate, and judgment directed in favor of appellant as stated in opinion, with costs. Order to be settled on notice.