The decedent died on the 30th day of November, 1880. Eight days before Ms death, he executed an instrument wMch this court has decided to be his last will and testament. His wife, Catherine McCue, survived him and is still living, as are also certain of Ms nephews and nieces. As his next of kin, they have put in issue the validity, construction and effect of certain dispositions in the will.
That instrument provides that one Margaret More-head shall receive $400, per annum, during the life of the testator’s wife, and thereafter, while she herself lives, the interest on $8,000. The testator directs that, upon her death, the principal sum of $8,000 shall be
The bequests to St. Mary’s Roman Catholic Church and to St. Rose’s Roman Catholic Church are indisputably valid. They are both religious societies incorporated under chapter 60 of the Laws of 1813, as amended by L. 1863, ch. 1/, and are entitled to take bequests (L. 1875, ch. 443).
As to the legacy to “The Church of the Holy Redeemer,” it is not disputed that there is a church edifice in Third street in this city, which is known by that name, and which is the church referred to by the testator. It is owned and conducted by the “Missionary Society of the Most Holy Redeemer in the State of New York,” a body incorporated by chapter 88 of the Laws of 1864. Among its objects are religious instruction, especially of poor and neglected persons, and the taking care of small congregations not able to support a clergyman. It is empowered to take property by devise and bequest, and “to possess and conduct churches.” Manifestly the legacy in question was intended for this corporation, and the testator’s mistake in designating the object of his bounty should not be permitted to defeat his purpose (Lefevre v. Lefevre, 59 N. Y., 434; St. Luke’s Home v. Association for Indigent Females, 52 N. Y., 191; N. Y. Inst. for Blind v. How’s ex’ rs, 10 N. Y., 84; Hornbeck v. Am. Bible Society, 2 Sandf. Ch., 145).
By his bequest to “ St. Michael’s Monastery, in West Hoboken, New Jersey,” it is not questioned that the testator meant to constitute his beneficiary “ St. Michael’s Passionist Monastery,” an educational insti
The validity of this legacy is . attacked, upon the ground that the testator’s will was made within two months of his death; that by the act of 1848 (L. 1848, ch. 319, as am’d by L. 1870, ch. 51), no institution in this State, such as St. Michael’s Monastery is conceded to be, could lay claim to such a bequest as is here under review; and that it would be an invidious discrimination in favor of foreign corporations to allow them greater privileges than are accorded to those organized under our own laws.
This claim is not well founded. It is clear that foreign corporations may take such property under wills executed by persons domiciled in this State as such corporations are empowered to acquire by the laws of their creation (Sherwood v. Bible Soc’y, 1 Keyes, 565; Harris v. Same, 4, Abb. N. S., 421; Chamberlain v. Chamberlain, 43 N. Y., 424)
Now, by the law of New Jersey, the validity of bequests to charitable institutions does not seem to be in any manner dependent upon the lapse of time between, the execution of a will and the death of the testator.
if this particular bequest, then,' is to be held invalid on the ground that it was made less than two months before the testator’s death, it can only be because St. Michael’s Monastery is expressly within the purview of our statute of 1848. But reference to that statute discloses, that only as to corporations organized under its own provisions is any restriction of the kind under discussion placed upon testamentary power. My prede
It is conceded that the church called “The Mother of Sorrows” is unincorporated. It is accordingly incapable of directly taking the bequest which is given by the will (Owens v. Missionary Society, 14 N. Y., 380; Downing v. Marshall, 23 N. Y., 366; Betts v. Betts, 4 Abb. N. C., 403; White v. Howard, 46 N. Y., 160). The testator, however, declares : “In case the Church of the Mother of Sorrows is not able to take, then I give, bequeath and devise this share to my executors and trustees, and request them to distribute the same according to my intention as indicated
It is scarcely necessary to add that, if there are any limitations, not as yet suggested, upon the capacity of those beneficiaries whose bequests have been upheld, to take and hold property, their right to such bequests is subject to these limitations. It is subject, for example, to the restraints of L. 1860, ch. 360 (Lefevre v. Lefevre, supra; Chamberlain v. Chamberlain, supra). That act forbids any person, leaving at death a husband, wife, child or parent, from devising or bequeathing to any benevolent, charitable, literary, scientific, religious or missionary society, association or corporation, in trust, or otherwise, more than one half part of his or her
As the testator’s wife survived him, the various corporations which are benefited by his will cannot take in the aggregate more than one half of his estate. To the extent that the sum of their legacies may be found to exceed this statutory limitation, such legacies will, of course, be ratably reduced.
But, as the enjoyment of the property in question is postponed until the death of the testator’s widow, there is at present no need to make inquiry as to the value of the estate, for ascertaining what part of it, if any, has been ineffectually bequeathed.