83 N.Y.S. 591 | N.Y. App. Div. | 1903
Lead Opinion
The question submitted upon this controversy is as to the title of certain real estate in the city of New York; the- plaintiffs claiming to be the owners of the property, and- asking that it be adjudged that they have an estate in fee simple absolute and recover the possession thereof. The parties consent that the court grant such judgment as upon the facts agreed upon is pi'oper. It is conceded that-prior to his death, on the 14th of June, 1876-, one James Eraser was seized and possessed of the property in.question ; that he died June 14, 1876, leaving a last will and testament, dated the 3d of December, 1862, which was admitted to probate on the 11th day of January, 1877, by the surrogate of the county of New York, and that the testator left a widow, a nephew, Robert Murray, and a niece^ Elizabeth Murray, his heirs at law; that Elizabeth Murray died intestate in the city of New York in the year 1879, without issue surviving, leaving as her sole heir at law her brother, Robert Murray; that Robert Murray died in the city of New'York on the 15th day of November, 1899, intestate, leaving him surviving -a widow, the defendant Catherine Murray, and four children as his heirs at law, who are the plaintiffs in this proceeding. The plaintiffs, therefore, claim as the successors in title of the testator’s heirs at law. The will of James. Eraser gave to his wife a life estate in all of his property, real and personal, and then provided: “ I give the remainder of all of my real estate and the residue of my personal estate at her (his wife’s) death, to the person.who shall-then be known and recognized by the unincorporated ecclesiastical body now calling itself and known by the style of ‘ The Synod of the Reformed Presbyterian Church in North America ’ as its treasurer, in trust, to apply the same to the uses and for the benefit of such ecclesiastical body; and if at the time of the death, of my wife, there shall be no person known and recognized as its treasurer, then to the person who was at the last preceding meeting of such ecclesiastical body known and recognized as its presiding officer, by whatever name he may have been known, upon the same trust.” The testator’s widow died on the 5th of April, 1895.
By an act of the General Assembly of the State of Pennsylvania, approved on the 10th day of March, 1871, subsequent to the execution of the will, but prior to the death of the testator, the “ Trustees of the Synod of the Reformed Presbyterian Church of North America” was duly incorporated. Since this act of incorporation this corporation has been a valid and subsisting corporation under the laws of the State of Pennsylvania, and, by the consent of the synod of the said church, the corporation has acted with reference to the things intrusted to it as the financial agent and trustee of the synod, and such corporation is a party to this submission. The defendant John T. Morton was at the time of the death of the testator the person known as the treasurer of the body which was known as “ The Synod of the Reformed Presbyterian Church in North America,” and has ever since that time been and now is the person known and recognized as such treasurer, and he as such treasurer is also a party to this submission. The act of incorporation
It, therefore, appears that at the time of the death of the testator there was an unincorporated ecclesiastical body in existence which had been in existence since 1809, known as “ The Synod of the Reformed Presbyterian Church in Yorth America,” this body being the governing body of the church of the same name, composed of the ministers or clergymen of the church and of one elder elected from each congrega- . tion, and with a treasurer. There was in existence at the death of the testator a corporation created by the law of the State of Pennsylvania, with authority to receive all such property as should be given to it, either by the synod and its treasurer or by others for use by the church, which corporation was regularly incorporated, with officers in existence and acting under the authority of the law incorporating it. By the will of the testator he gave a life estate in his real property to his wife, and devised the remainder of that real estate after the death of his widow to the person who should then be known and recognized by the unincorporated ecclesiastical association, the Synod of the Reformed Presbyterian Ohurch in Yorth America, as its treasurer, in trust, to apply the same to the uses and for the benefit of such ecclesiastical association. There can be, I think, no doubt but that this was a vested remainder1 by which the fee of the real estate of the testator, subject to the life estate of the wife, was intended to be vested in the treasurer of this unincorporated body. Whatever may be said as to the bequest of the personal property, it seems to me that as to the real estate there can be no doubt but that the title vested absolutely in the devisee upon the death of the testator. Yo authority could be.implied from the language of this will which would authorize the testator’s wife to sell or dispose of it, or to do any more than to enjoy the real property during her life. There is, pure and simple, a life estate to the wife, with a remainder over.
At the death of the testator there were two bodies in existence,
The next and remaining question is, whether such a trust is valid tinder the laws of the State of Hew York? To that question, it seems to me, there can be but one answer. That a devise or bequest directly to the unincorporated ecclesiastical body would be void is settled by a long line of decisions which are not now disputed (White v. Howard, 46 N. Y. 144; Owens v. Missionary Society of M. E. Church, 14 id. 380; Downing v. Marshall, 23 id. 366; Fairchild v. Edson, 154 id. 199); and it was also settled by controlling authorities that a bequest to a trustee in trust for such an¡ unincorporated body is equally void. (Levy v. Levy, 33 N. Y. 107; Cottman v. Grace, 112 id. 299; Tilden v. Green, 130 id. 29; Fair-child v. Edson, sufra; Adams v. Perry, 43 N. Y. 487.) It is quite unnecessary for us to consider the reasons for this rule of law, which had become settled by a long line of adjudications. It is sufficient to say that such is the universal rule that has been applied in this State for many years, and, except as modified by statute passed after this devise in question took effect, is of universal application. (Allen v. Stevens, 161 N. Y. 122.)
It is contended by the learned counsel for the defendants that this devise was a future gift Avliicli did not vest or take effect until
The testator died long, before the passage of that act. The devise was either valid or invalid at the death of the testator. If valid, the remainder vested in the devisee; if invalid, it vested in the heirs at law of the testator, and subsequent acts of the Legislature could not take from the testator’s heirs at law the real property that had vested in them and vest it in another, nor does the act in terms affect a devise which had gone into effect before its passage. In Dammert v. Osborn (140 N. Y. 30) it Was held that the act would not affect property that had vested prior to its passage, and that remainder vested either in the devisee or in the heir at law of the testator upon the death of the testator.
It follows, therefore, that there must be judgment for the plaintiffs as prayed for, with costs.
Van Brunt, P. J., O’Brien and McLaughlin, JJ., concurred.
Concurrence Opinion
I concur with Mr. Justice Ingraham in his opinion in this case so far as it relates to the existence of the unincorporated association and its incapacity to take under the terms of the will. It still continued in existence and the corporation" defendant represented it only as trustee of its property; but the will in the present case did not make the gift to such trustee for it or to it as a corporation. In no view, therefore, can the corporation be treated as taking anything by the terms of the will. This view renders it unnecessary to express any opinion as to whether the gift under the terms of the will was present or future, as in either event the devise and bequest to the trustee for the unincorporated association is void.
The judgment, should, therefore, pass for the plaintiffs.
Judgment ordered for plaintiffs, with costs.