Henry Watson Children's Aid Society v. Johnston

Bartol, C. J., delivered the opinion of the Court. These appeals are from the decree of the Circuit Court of Baltimore City, which declared the residuary clause in ¹⁴² the will of John A. Gambrel, deceased, to be void, and awarded the fund to the next of kin of the deceased. The clause of the will in question, is as follows: “Whatever balance, if any, shall remain, after payment of my debts and necessary expenses, I direct my executor to divide proportionally, between benevolent associations of this city, for the benefit of white and colored children.” The appellee, who is the executor named in the will, proceeded with the administration of the estate, consisting entirely of personalty, and after paying the expenses of administration, and the several pecuniary legacies bequeathed by the will, has in his hands a balance of about $13,000, which will pass under the residuary clause if the same be valid. The executor being in doubt as to the true construction and effect of the residuary clause, filed his bill, praying that the same may be construed by the Court, and that it may be determined wljo is entitled to receive the balance remaining in his hands.

The four incorporated benevolent institutions, which are the appellants above named, were made parties defendants—as were also certain persons claiming to be next of kin of the testator. Answers were filed and general replication. It appears by the agreement of the solicitors, and also from the charters produced, that the appellants are duly incorporated, and the objects and purposes of their creation were also admitted. They are, as their names import, established for charitable and benevolent objects, for the * benefit of the children confided to their care, and are capable in law to receive and hold property, for the purposes of their charters, and claim to be