164 Iowa 402 | Iowa | 1914
Perry Munson, a resident of Independence, Iowa, died testate December 30, 1893, and his will was duly admitted to probate. He left surviving him neither widow nor lineal descendant. He was a man of considerable wealth, and among the items of his estate were one hundred shares of the stock of the First National Bank of Independence. The validity of the disposition made by him of these shares of stock is the question we are called upon to decide. The provisions of the will in this respect read as follows:
(7) My stock in the First National Bank of Independence, Buchanan county, state of Iowa, is to be kept in my name and the dividends declared on the same are to be paid to my brother John J. Munson, and to my sister Sarah It. Mun-son at the making and payment of said dividends during the lifetime of each of said persons. On the death of both John J. Munson and Sarah It. Munson the said stock is to be turned over to the board of directors of the library and industrial training school hereinafter provided for. . . .
(9) I desire to establish at Independence, Iowa, an industrial training school for children and a library building to be used by the people of Independence, Iowa; but not having the means that I can devote to that use to at once put the same in full operation I have put into the hands of three trustees, who are hereinafter named, the sum of fifteen thousand dollars for the purpose of erecting a building suitable for use as a library and as an industrial training school building which is to be used by the free public library of Independence, Iowa, for all time free of rent or charges; except the city of Independence may be required to furnish the free use of water from the city waterworks, and the other parts to be used for an industrial training school, and in the construction of said building I desire that it shall be well and substantially built and shall also be constructed with such finish as to be an ornamental building to the city.
(10) I hereby name, constitute and appoint Wallace Francis, Michael Tims, and Jed Lake the trustees to take and use the fifteen thousand dollars in the construction of the building to be used for the free public library of Independence, and for the industrial training school and I have made a contract with them for doing the said construction and have
(11) On the death of my brother John J. Munson and my sister Sarah R. Munson the stock in the First National Bank of Independence, Iowa, shall be transferred to the board of directors of this industrial training school and used by them in carrying out the objects of the school and in case the stock in the People’s National Bank of Independence, Iowa, passes to the board of directors of the library and training school as provided in the 2d and 3d items of this will the same shall be turned over to the board of directors provided for this industrial training school to be used by them for the promotion of the objects of said training school.
(12) I also further direct that if after getting a plan of building and an estimate of the cost of the same with the furniture, fixtures and heating the same it shall be found that such a building as is desired for the library and industrial training school cannot be built for the money herewith appropriated the said trustees named, shall put this sum of fifteen thousand dollars at interest taking good security for the same until the amount and interest will be sufficient to construct the building. When said sum is sufficient to construct the building as desired, then the said trustees shall proceed to construct the building as directed. And in ease any other party will furnish the amount in addition to this fifteen
(13) I make, constitute and appoint my brother John J. Munson the executor of this will and I especially charge him with the carrying out of the bequest as to the building for a library aqd industrial training school so far as is necessary to have the articles of incorporation make the use of the same liberal to all and to provide for its extension by others if they so desire and in case the building is not erected before the said John J. Munson is appointed executor under this will I hope he will interest himself to see that the building is well and substantially built and that it is ornamental to the town and is well finished and furnished. As the contract I have made with the trustees, Wallace Francis, Michael Tims and Jed Lake, is to be deposited with this will so as to become a part of my requests as to what is to be done, I desire that my executor see that the terms of the same are carried out in good faith as far as he can do so by his council and advice.
The will was executed July 24, 1893. On the same day the testator entered into a written contract with Wallace Francis, Michael Tims, and Jed Lake, citizens of Independence, reciting the purpose of the testator to place in the hands of the persons named $15,000 for the erection of a building suitable for a free public library and training school at Independence, and directing them within one year after his death to organize a corporation to hold, manage, and control such property and the funds which might thereafter be donated for the promotion of its charitable purposes. On October 11, 1894, and within one year after the testator’s death, such corporation was in fact organized under the name and style of the Munson Industrial Training School. Before the death of the testator, the said trustees received from him the sum of $15,000, and thereafter did erect the building as proposed, though at the testator’s request his connection therewith was withheld from the public during his lifetime.
This action was begun in equity April 25, 1912. The
The parties stipulated the facts upon which the case was submitted to the trial court. The terms of the will, the trust agreement, the corporate organization, the erection of the building at a cost of $15,000, the use of the building by the free public library of Independence, the death of John J. Munson and Sarah R. Munson, and the status of plaintiffs as the only heirs of Perry Munson are all conceded. The description and dimensions of the building are stated, and the fact that at present the rooms are under lease to the ladies’ societies of Independence is admitted. It is also admitted that no industrial school has been maintained except during the winter seasons, when volunteer teachers have on stated days conducted sewing schools there for poor children. Nor is there any dispute that the public schools of the cit3' now teach domestic science and manual training.
Upon the record thus made the trial court found and decreed that the provisions of the will devoting said bank stock to the maintenance of an industrial school, as provided for in said bequest and trust agreement, constitute a valid gift; that the corporation organized and known as the Mun-son Industrial Training School is the rightful beneficiary of said gift and the lawful owner of said stock for the uses and purposes designated by the donor. From this decision the plaintiffs have appealed.
The issues have been stated at more than ordinary length in the belief that a full and clear understanding of the admitted facts will so demonstrate the correct conclusion of the questions of legal right that an extended discussion of
I. The gift is void because of its' vague and indefinite character. The rule here involved is one upon which the courts have frequently been called to pass, and the'general principles applicable to such eases have all been so thoroughly and frequently considered that we need here do little, if anything, more than to call attention to what we deem to be the settled conclusions.
In addition to the eases already cited, the books are filled with precedents to the effect that, where the general nature
It is sufficient if there be a trust and a particular charitable purpose, as distinguished from a gift to charity generally. The court may supply the trustee to administer the trust; the trustee may select the beneficiaries from within the general class named by the donor, and when necessary may work out the details of the declared purpose within its stated general limits. Certainty of beneficiaries who can invoke judicial power to enforce the trust is not only unnecessary, but is inconsistent with the very nature of a trust for charitable uses, in that the beneficiaries, in a general sense, are the members of the public at large. A public charity, within the rule mentioned, is sufficiently definite as to purpose if its general purpose be clearly stated, or it can be made otherwise certain by the trustees clothed with the power of administering the trust within the limits of the declared purpose.
None of the eases cited upon this point by appellants are controlling upon the question here presented. It is possible that decisions of the courts of New York and a few others which have follow'ed those precedents may not be in entire harmony with the views here expressed, but it is to be said that these precedents have their origin in the influence of the peculiar statutes of that state and constitute exceptions to the rule adhered to by a large majority of the courts in other jurisdictions.
It is unnecessary to prolong citations from the authorities illustrating the various gifts to charity which have been sustained against objections of this kind. Those already mentioned are sufficiently illustrative of the rule to which we adhere. There is in this case no lack of definite statement to leave either the trustees or the court in doubt as to the meaning and intent of the donor. It requires no resort to the ay pres doctrine in order to designate the nature of the char
The word “charity,” as used in law, has a broader meaning and includes substantially any scheme or effort to better the condition of society or any considerable part thereof. It has been well said that any gift not inconsistent with existing laws, which is promotive of science or tends to the education, enlightening, benefit, or amelioration of the condition of mankind or the diffusion of useful knowledge, or is for the public convenience, is a charity. Historical Society v. Academy, 94
There is no evidence whatever of the amount of money required to put such a school into successful operation, and it would be going far for the court to assume, as a matter of
It is a settled rule that a charitable gift, devise, or bequest will not be avoided simply because it cannot take effect as fully as the donor intended but will be given effect so far as it can. Such ivas the holding of this court in Miller v. Chittenden, 4 Iowa, 269. So, also, it is held by the Massachusetts court that a gift to charitable uses will be sustained wherever it is possible, and that “where a literal execution may become impracticable or inexpedient, in part or even in whole, it will be carried into effect so as to accomplish th^ general purpose of the donor, as nearly as circumstances will permit, and as such general charitable intent can be ascertained.” Sanderson v. White, 18 Pick. (Mass.) 333 (29 Am. Dec. 591). A devise to charity is not necessarily void because it contemplates possible contributions from others which may never be realized. Re Daly’s Estate, 208 Pa. 58 (57 Atl. 180). The cited ease is quite in point with the one at bar, and its discussion of the principles governing the, courts in relation to such gifts fully bears out the views we have already expressed. It may be that the building erected and the funds provided are insufficient to afford manual training for all persons eligible thereto under the terms of the trust, but that is no reason why the corporation should not be permitted to organize and carry on a school for the benefit of so many as may be accommodated with the means at its disposal. No charity is unlimited in its resources, and all must draw a line
No sufficient reason is suggested for interfering with the decree of the trial court, and it is hereby — Affirmed.