Conner v. Trinity Reformed Church of Boonsborough

Constable J., delivered the opinion of the Court. Acting under the authority of the 47th General Equity Rule, Art. 16, section 206 of Bagbv’s Code, the heirs at law of the late John B. Nicodemus, and the Trinity Reformed Church of Boonsborough, Maryland, had docketed a special case stated, in which the appellants were made plaintiffs and the appellee the defendant. The object thereof was to have the Court construe the last will and testament of the said John B. Nicodemus, in so far as the sixth paragraph was concerned, first, as to whether the devise, mentioned therein, was valid or void; secondly, if the said devise was determined to he valid, what estate in the property the defendant took: and thirdly, if the devise was determined to he void, did the heirs of John B. Nicodemus inherit the property. Tho sixth paragraph reads as follows: “I give and devise unto the Trinity Reformed Church of Boonsborough, Washington County, State of Maryland, my hotel prope rty known as The Commercial Hotel, in Boonsborough, Washington County, Maryland, in trust to apply the net animal income therefrom to the support of the minister, who may from timo to time he in charge of said Church.” The statement, of agreed facts filed, stated that the appellants wore1 all of full age and were the only heirs at law of the said John R. Nicodemus ; that (he appellee is a religious corporation, duly incorporated, and is engaged in religious work in Boonsborough, Maryland, and is the corporation intended to he the object to the bounty of the said John B. Nicodemus under the sixth paragraph of his will, and has a minister in charge who is an important factor in promoting the objects of its corporate existence; that the said Mr. Nicodemus was, during his life and at the time of his death, a member of the said church and that the said Mr. Nico ³⁶² demits died seized and possessed in fee of the property mentioned in said sixth paragraph.

The Court below decreed (1) that the devise to the appellee was valid; (2) that the appellee took an absolute estate-in fee simple, with all the rights incident to such an estate and (3) that in the event of the property being sold hy the appellee, the net proceeds of the sale should be- held and invested by the appellee and the net income therefrom applied to the support of the minister who might from time to time he in charge of said church. Erom that decree, this appeal arose. The contention of the appellants is, that by'the true construction of the said paragraph, a trust was created, and that as it would offend the rule against perpetuities, the devise falls and is void. It is apparent, therefore, that the principal discussion-must be as to whether or not there is a trust created.

And so often have cases, similar in many respects to the present one, been before us and our predecessors, that the rules, applicable to their settlement, have become fixed and settled. The late Ci-iiee -Judge McíStibrby, in delivering the opinion-of this Court in Bennett v. Humane Imp. Society, 91 Md. 10 , has clearly stated the rule by which -Courts are to determine when a trust does, or does not, arise. He said: “A trust 'may be created either by the use of appropriate technical words which, of their own proper vigor, indicate that a trust was designed to be raised, or in the absence of such words, a trust may be created by other language when the-purpose to establish it is otherwise sufficiently apparent.

Tn both instances, however, it always becomes a question of intention as to whether a trust exists. Tf there be a manifest-design to- establish a trust, then a trust will be declared, though no apt technical words are employed; and if there bean equally manifest design not to establish a trust, then no trust will be declared though the words employed would, but for the contrary intention, be sufficient to create a trust. * * The particular circumstances which denote such an inten ³⁶³ tion are necessarily variant; but when a trust of the kind relied on here is asserted, it may be generally affirmed that where there is a gift to one for the use of another, or when the legatee or devisee is clearly designed to have no beneficial interest in the property given him, a trust for the benefit of someone was intended to be created.” And in the same case Judge MoShebev also had the following to say, which is particularly appropriate to the facts of the ease under consideration: “His intention was that the legatee and devisee named by him should possess it. If that legatee and devisee1 does not get the property disposed of by this: clause, it will he because the testator's intention is frustrated. Ordinarily, the task which devolves upon a Court, in dealing with the interpretation of the last will is to ascertain the testator’s intention; and the duty then imposed is to give that intention effect, if possible; but in the pending controversy, whilst the intention is apparent enough, the object of the proceedings avowedly is, not to give that intention effect, but to disregard it altogether.

There are, of course, instances where this has been clone, because the rules of law imperatively required that it should be done; but when done, it has always been done: with great reluctance. Courts are not, or ought not to be, astute in searching for a construction which nullifies a will if there are other equally reasonable interpretations which uphold it.” Does the language of this paragraph under consideration show a clearly defined intention upon the part of the testator to create a trust? The general rule is that where a legacy or devise is. given to a. corporation for the express, purpose1 of carrying out any of its corporate functions, such donation will not he regarded as. creating a trust unless the intention to create a trust be clear, but as a gift to the corporation itself upon condition that it be applied to the particular corporate use. This, rule is clearly illustrated by the ease of Women's Foreign Miss.

Soc. v. Mitchell, 93 Md. 199 . The clause in the will in that ease was that the testatrix directed ³⁶⁴ that