1 Keyes 561 | NY | 1864
It will be convenient to examine in order the validity of the bequests; first, to our own corporation; 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 ¿f 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 tliém, 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.” (Laws of 1841, chap. 68, 26C ; 1 R, S., 599.)
2. As to the betpiost 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, or 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 Hew York, it being authorized generally "' by its charter to take such gifts. Of course, the exercise of this power depends for its validity upon our laws, and upon the sanction, express or implied, of the State; and so do the exercise within our jurisdiction of all other powers of corporations of another sovereignty. By comity we recognizei 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
3. The remaining bequest/the validity of which is questioned, is, in the words of the will, to ■“ the Areot Mission of the Reformed -Dutch Church; to be used for the education of the heathen boy on'whose account I have heretofore advanced money.” The Areot Mission -was a voluntary association of male and fémale missionaries, located in southern Asiav This body of-missionaries had its own officers, a secretary and treasurer,'-and was, at the death of the testator in 1858,-associated with,-*dr under- the control of the Board of Foreign Missions of the Reformed Dutch Clinrch, a-body which was not incorporated until 1860. The-dhjéctof the mission was,“ to preach, and teacli both children-and adults, and generally to- disseminate Christianity among the' people in the region where it was located.” Its functions were exorcised at large, and not withreference to specific individuals': It cannot be implied from the expression “ -to be used for the education of the heathen hoy on whose account T have heretofore advanced money,’’."that some particular person was intended by the testatrix. (In connection with the proofs, it is'obvious'that this and previous contributions were general—for óur heathen boy—a.form not-unusual with a-continuous charity when nó particular .recipient is within the view of the doñov. Indeed if it was.a trust credited for the us of a particular person/a single individual-;• it would not be a-“charity” in a legal sense; for to constitute a charity the use must be public in its nature, (Ormnany v. Butcher, 1 Turn. & Russ.) But whetherphe use he a charitable, or private one, it. is .invalid, for the reason that there is no trustee competent to. take-the fund so as -to secure its.appropriation to the purpose intended: Where there is no trustee-appointed having legal capacity to take and hold-a gift,.the. legal estate can never vest and of course-no use can be raised,- There can be no valid trust, unless it.be so constituted that a title can vest in some person natural or- artificial by-favor of the gift itself.” {Downing-y.
It may be deemed settled in this State that a voluntary, ■unincorporated association has not legal capacity to receive a donation, even for a purpose denominated “ charitable.” In Owens v. The Missionary Society (4 Kern., 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; 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 Areot Mission. Indeed, so much of the judgment of
All concur,
Judgment affirmed.