Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Union Methodist Episcopal Church v. Equitable Trust Co.

Court of Chancery of Delaware, New Castle County

August 17, 1951

UNION METHODIST EPISCOPAL CHURCH et al.
v.
EQUITABLE TRUST CO.

Bill for instructions by the Union Methodist Episcopal Church, of Wilmington, Delaware, a religious corporation of the State of Delaware, and another, against Equitable Trust Company, a corporation of the State of Delaware and trustee under the will of Henry C. English. The Court of Chancery of the State of Delaware in and for New Castle County, Bramhall, Vice-Chancellor, held that where testator bequeathed entire estate in trust for purpose of aiding aged women and couples of designated churches to obtain admission to homes for aged, but purpose of trust was defeated by fact that only a few applied, and that homes were so crowded that no vacancy existed or would exist for some time, trust income was payable under ‘ cy pres doctrine’ to designated churches so that charitable assistance could be given to needy members thereof, particularly the aged.

Decree to be entered in accordance with opinion.

Where testator bequeathed entire residuary estate in trust for purpose of aiding aged women and couples of two designated churches to obtain admissions to homes for aged, but purpose was defeated by fact that only a few applied and homes were so crowded that no vacancies existed or would exist for some time, trust income was payable under " cy pres doctrine" to designated churches so that charitable assistance could be given to needy members thereof, particularly the aged.

Page 112

[32 Del.Ch. 199] Complaint for Instructions by Union Methodist Episcopal Church, of Wilmington, Delaware, a religious corporation of the State of Delaware, and Scott Methodist Episcopal Church, of Wilmington, Delaware, a religious corporation of the State of Delaware, against Equitable Trust Company, a corporation of the State of Delaware, Trustee, under the will of Henry C. English.

By stipulation the Court ordered a final hearing on bill, answer and agreed statement of facts.

Samuel R. Russell, of the firm of Logan, Marvel & Boggs, Wilmington, for complainants.

Caleb S. Layton, of the firm of Richards, Layton & Finger, Wilmington, for defendant.

BRAMHALL, Vice Chancellor.

Under the last will and testament of Henry C. English, deceased, admitted to probate before the Register of Wills of New Castle County on March 3, 1921, testator provided, in part, as follows:

‘ Item-All the rest, residue and remainder of my estate of whatsoever kind, and wheresoever situate, real, personal or mixed, including the real estate, and the remainder of the money on deposit in the Wilmington Trust Company at Tenth and Market Streets, and at Second [32 Del.Ch. 200] and Market Streets, the Wilmington Savings Fund Society and the Equitable Trust Company, I give, devise and bequeath to the said Equitable Trust Company, a corporation of the State of Delaware. In Trust, nevertheless, for the following uses, intents, and purposes, that is to say, to invest the principal sum (to be known as ‘ The Henry C. English Helping Fund’ ) in good income producing securities, with power to call in and reinvest the same in its discretion, to collect the income, interest and dividends arising therefrom and after deducting a reasonable compensation for its care and trouble to dispose of the net income as follows:-One-third thereof to be used in securing admission to the Home for Aged Women, a corporation of the State of Delaware, as hereinafter provided, one-third to be used in like manner in securing admission to the Home of Merciful Rest Society, a corporation of the State of Delaware, for

Page 113

worthy members of Union Methodist Episcopal Church, and for worthy members of Scott Methodist Episcopal Church, who have been worthy members of said Churches for five years or more, by the payment of one-half the cost of admission, and who are to be selected and approved by the Official Board of said Churches.

‘ If the condition of the fund will allow, worthy couples may be aided in the same manner to admission to the Methodist Home of Philadelphia.

‘ I direct that a payment not exceeding five dollars be made to each of the beneficiaries under the fund on each Christmas Day if the condition of the fund will allow.

‘ The remaining one-third of the net income I direct shall be paid to the Trustees of the Home for Friendless and Destitute Children, a corporation of the State of Delaware.

‘ I direct that the provisions of this will be carried out as soon as it can be done with due regard to the interest of my estate and that the best business methods be observed in the management of my estate.

‘ If any church whose members are beneficiaries of this fund shall cease to exist, its successors shall be selected by a majority vote of the active ministers of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.