Holloway v. Institute of Mission Helpers

Thomas, J., delivered the opinion of the Court. This appeal is from a decree of the Circuit Court of Baltir more City, requiring the executor of Susanna Holloway, deceased, to pay to the Institute of Mission Helpers of Baltimore City, a legacy of $500.00 which by the will of said deceased was given to St. Francis Xavier Roman Catholic Boarding and Day School for Deaf Mutes. The bill, which was filed by the Institute of Mission Helpers of Baltimore City, alleges that “it is a body corporate duly incorporated under the laws of the State of Maryland,” and “engaged in charitable work among the indigent poor, particiilarly those of the negro race and among those known as deaf mutes; that for the purpose of carrying on its work it has established a large institution on Biddle street and McCulloh street, in Baltimore City”; that while the corporate name of the plaintiff is The Institute of Mission Helpers of Baltimore City, the name “of the religious community” engaged in said work is “The Institute of Mission Helpers of the Sacred Heart”; “that there is no other organization, corporation or religious body in the City of Baltimore or in the State of Maryland or elsewhere,” so far as the plaintiff is advised, “having the same name as that under which” the plaintiff “is incorporated or the same name as that of the religious community carrying on the work afore ⁶⁶⁹ said”; that the plaintiff “in carrying on its work among deaf-mutes in Baltimore City and in the State of Maryland, opened a school in one of its buildings” on McCulloh street and called said school “St. Francis Xavier Eoman Catholic Boarding and Day School for Deaf Mutes,” and that so'far as the plaintiff is advised there is no other organization or school in Baltimore City or the State bearing a similar name; that Susanna Holloway during her life “was a patroness of the work carried on by” the plaintiff “and frequently made contributions to” the plaintiff “under the name of ‘The Institute of Mission Helpers of the Sacred Heart,’ and to the particular work carried on” by the plaintiff “among the deaf-mutes under the name of ‘St. Francis Xavier Eoman Catholic Boarding and Day School for Deaf-Mutes’ ”; that the plaintiff “is commonly known in community under the name of The Institute of Mission Helpers of the Sacred Heart,” and that the name St. Francis Xavier Eoman Catholic Boarding and Day School for Deaf-Mutes “is merely the name adopted to be descriptive of the principal work carried on” by the plaintiff among the deaf-mutes of Baltimore City and State of Maryland, but that “said school is not incorporated independent of the incorporation of” the plaintiff; that the said Susanna Holloway died in Baltimore City “leaving a last will and testament which was duly admitted to probate by the Orphans’ Court of Baltimore City,” and letters testamentary were granted to the executor named therein; that the ninth paragraph of said will provides: “Ninthly. I give and bequeath to the following bodies corporate the respective sums of money herein mentioned,” and that section B and section G of said paragraph are as follows: “B. To St. Francis Xavier Eoman Catholic Boarding and Day School for Dear-Mutes, the sum of five hundred dollars.” “G. To the Institute of Mission Helpers of the Sacred Heart the sum of five hundred dollars”; that said executor has paid all the debts due by the said decedent, has ample funds with which to pay all legacies, and has ⁶⁷⁰ paid the legacy to the plaintiff “under the name of the Institute of Mission Helpers of the Sacred Heart,” but that he contends that, owing’ to the misnomer of the plaintiff in section B of paragraph 9, the legacy therein mentioned is null and void; and has declined to pay the same to the plaintiff.

The executor demurred to the bill, with which a copy of the will was filed, and the case having been submitted for final decree, the Court below overruled the demurrer and passed the decree to which we have referred. The bill states that the St. Erancis Xavier Roman Catholic Boarding and Day School for Deaf-Mutes is not incorporated, and the grounds upon which the appellant resists the payment of the legacy are, first, that said school is not incorporated and is, therefore, incapable of taking the legacy, and, second, that “there is no evidence, nor any theory of construction, from which it is possible to conclude” that the testatrix intended the legacy to go to the appellee. In our view of the case both of these objections are fully covered by the decisions in this State. The bill avers that the appellee is a corporation engaged in charitable work among the indigent poor, and particularly those of the negro race known as deaf-mutes; that there is no other corporation or organization of a similar name in Baltimore City or