154 A. 439 | Conn. | 1931
Evelyn MacCurdy Salisbury died in 1917 leaving a lengthy will and a codicil, the relevant portions of which are quoted in the footnote.* *202 The plaintiff, named in several places in the will and codicil as a beneficiary, is a corporation without capital *203 stock organized in 1893 for these purposes: "The purpose for which such Association is constituted is to establish and maintain a School of high grade in said Old Lyme, to contract or agree with any other educational institution or town for the purpose of establishing or maintaining said School, to receive and hold grants, devises and gifts of real and personal property for educational purposes, and generally to do all things incidental to said business." The testatrix and her husband were among the original incorporators. Since her death the Association has received the $12,500 referred to in the Third Article of the will and also income to a considerable amount under the codicil. It *204 also holds other money received by it from the testatrix during her life and from other sources. It now seeks a declaratory judgment determining a large number of questions which have arisen as to the capacity in which, and the limitations under which, it holds the moneys received from the estate, the management and use of the funds in its hands and the effect and validity of certain of the conditions annexed to the gifts from the testatrix.
In the Third Article the testatrix requests the Association to accept and hold the $12,500 together with any other money or property which comes from her estate to it, and refers to her gift as "all my bequests to said Association"; in the Seventh Article she makes a contingent gift of $10,000 to the Association; in the codicil she directs that during the life of the life tenant of the residuary estate one half of the net income shall be paid annually to the Association; and in the Sixteenth Article she gives the balance of her residuary estate after the death of the life tenant to the Association to be added to the fund she had created in the Third Article. Nowhere in the will is there any provision that the gifts to the Association shall be held by it in trust nor any provision for the way in which they shall be managed and used, except certain conditions which she imposed. The gifts to it are not therefore trusts in the proper sense of the term but are made directly to it to be held and used for its corporate purposes, except as limited by the conditions imposed in the will. Dwyer v. Leonard,
It was obviously the intent of the testatrix in her will to create a single general fund to be composed of all the money and property received from her estate *206
under any or all the articles of the will; and the share of the income of her residuary estate, as soon as paid to the Association, becomes a part of the principal of that fund, just as much as does the principal of the residuary estate when turned over to it on the death of the life tenant. Out of this general fund, however, she directed that the special fund of $12,500, with additions of interest, referred to in the Third Article of her will, should be carved. All the money or property received under the will was intended to constitute "The MacCurdy-Salisbury Fund" and should be held and managed as a distinct fund, apart from the other moneys or properties of the Association. The fund should, however, be divided into two accounts, one consisting of the $12,500 special fund, with the additions of income specified, and the other, of all the other moneys and properties received from the estate. Subject to the limitations already stated, one third of the income of each should be added to the principal for the period of ninety-nine years. Both funds are also subject to the condition stated in the Third Article that no part of the income shall be used for educational purposes in any building owned or occupied by the town unless it should first appropriate for teachers' salaries at least as much for the year "as it now appropriates," that is, as it appropriated at the time the will was executed. Gold v. Judson,
Except for the limitations on the use of the fund received from the testatrix as contained in the will, the uses to which it may be put, as well as the uses to which the other moneys in the hands of the Association may be put, are limited only by the purposes for which the corporation was organized. It may hold real as well as personal property and there is no restriction against the use of "The MacCurdy-Salisbury Fund," aside from the special fund, for the acquisition of lands or buildings within the proper scope and the purposes of the corporation. "Educational purposes" as used in the articles of association is a broad phrase and includes all those uses which reasonably serve the purposes of education as it is commonly understood. "Education is a broad and comprehensive term. It has been defined as `the process of developing and training the powers and capabilities of human beings.' To educate, according to one of Webster's definitions, *208
is `to prepare and fit for any calling or business, or for activity and usefulness in life.' Education may be particularly directed to either the mental, moral, or physical powers and faculties, but in its broadest and best sense it relates to them all." Mount Herman Boys'School v. Gill,
Some of the questions put to us in the reservation are too general to permit a specific answer; others we cannot answer without having before us more detailed facts than are found in the reservation; others do not permit of anything like a categorical answer; and still others involve contingencies which may or may not happen in the future, and, if they do happen, may present problems properly to be determined only upon the facts then appearing, as, for example, the problems which may arise in the contingency that the schools of the town become a part of a larger district. We do not, therefore, attempt any specific answers to the questions propounded, in the belief that our general discussion will be sufficient for the guidance of the trial court in disposing of the case.
No costs will be taxed in this court to either party.
In this opinion the other judges concurred.