4 Abb. Ct. App. 227 | NY | 1864
By the Court.
It will be convenient to examine, in order, the validity of the bequests; first, to our own corporations; second, to the foreign corporation; and third, to the voluntary association, styled in the will, the “ Arcot Mission of the Reformed Dutch Church.”
1. In respect to the bequests to the Bible and Tract Societies :. These societies were, in 1841, created by the legislature bodies corporate, and invested with the general and incidental powers and attributes óf a corporation aggregate at common law. The purposes for which they were formed were specified; a limitation set upon the amount of income to be derived from property respectively held by them; and it was declared that they should possess the general powers, and be subject to the provisions of the title of the Revised Statutes, “ Of the general powers, privileges and liabilities of corporations.” L. 1841, 266, c. 68; 1 B. S. 599. The powers enumerated in the general
It is urged that the statute has restricted corporations to the acquisition of personal property by purchase in the ordinary ac ceptation of the term; but the interpretation has. been repu¿Mated by this court. In Downing v. Marshall, 23 N. Y. 366, it was held that the two corporations, the capacities of which
2. As to the bequest to the American Colonization Society: This is a foreign corporation, created for the purpose of colonizing the free people of color of the United States, and was expressly empowered by its charter to take money, goods and chattels by bequest. The objection, therefore, of want of capacity to receive a testamentary gift has no application. But it is said that corporations are artificial beings, created by the sovereign authority, and can have no existence, nor exercise any of their powers beyond the jurisdiction of the sovereignty which creates them. It is true that the corporation in question can have no legal existence outside of the State of Maryland, but its existence there may be recognized in this State; and its residence in Maryland creates no insuperable objection to its receiving a gift of money by will from a resident of New York, it being authorized generally by its charter to take such gifts. Of course, the exercise of this power depends for its validity upcm our laws, and upon the sanction, express or implied, of the State; and so does the exercise, within our jurisdiction, of all other powers of corporations of another sovereignty. By comity we recognize the existence of a corporation in another State, and permit it to exercise the powers with which it is endowed, in our own, unless such exercise is repugnant to our policy, or injurious to our interests. It is not more contrary to State policy to allow an artificial than a natural person of another State to take a testamentary gift of money from a donor residing here. This would undoubtedly be otherwise if our own corporations were without the faculty of taking such donations; for a prohibition upon the latter would be a plain indication of State policy on the subject. But as has been seen, our corporations áre free to take personal property by bequest. The gift, therefore, to the American Colonization Society was not invalid.
3. The remaining bequest, the validity of which is ques
It may be deemed settled in this State that a voluntary, tin-incorporated association has not legal "capacity to receive a donation, even for a purpose denominated “charitable.” In Owens v. Missionary Soc., 14 N. Y. 380, the question was whether a bequest to such an association, for a “ charitable ” purpose was valid. It was held that it was not, on account of its want of capacity to take the fund and effectuate the charity. So, also, a similar conclusion was reached in Downing v. Marshall, 23 N. Y. 366. There the bequest was to an unincorporated body of persons, known as the Home Missionary Society. The purpose of the trust was religious or charitable.7 The fund was to be devoted to the same object as in the present case, viz: Christian missionary labor. The bequest was held void for want of a competent trustee.
- These conclusions upon the disputed matters in the will accord with those of the supreme court, and lead to an affirmance of its judgment in the suits.
I am in favor of such affirmance, with costs of appeal to the three incorporated societies, to be paid by the executor from the assets of the estate; but without costs of the appeal to the Arcot Mission. Indeed, so much of the judgment of the general term as gave costs of appeal to the Arcot Mission should bé reversed.
All the judges concurred.
Judgment affirmed, except as to costs allowed to Arcot Mission, and as to those reversed. Costs of the appeal, to the other societies, respondents, to be paid out of the estate.