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Mary S. Fithian Night School & Academy v. College Board of Presbyterian Church in United States, 88 N.J. Eq. 468, 3 B.Stockton 468, 102 A. 855

Facts

The Mary S. Fithian Night School & Academy sought to enforce a trust against the College Board of the Presbyterian Church to receive income from a fund established by the will of Artemesia K. Van Meter and Martha J. Van Meter. The will specified that the income was to be used for home missions, church erection, and aid for colleges within the West Jersey Presbytery. The College Board argued that the income was restricted to colleges, while the Night School claimed entitlement as the only educational institution under Presbyterian management in the area.

Complainant is a corporation of this state incorporated under our acts authorizing the formation of corporations which are not for pecuniary profit, and conducts a night school in the city of Bridgeton under Presbyterian management and control and within the bounds of the West Jersey Presbytery.

Issue

Whether the income from the trust fund established by the will of Artemesia K. Van Meter and Martha J. Van Meter can be used to support the Mary S. Fithian Night School & Academy, given that the will's language appears to limit the use of the income to colleges.

It must therefore at this time be ascertained whether the devise and bequest was to defendant corporation in trust to administer the funds in aid of colleges exclusively, within the bounds of the West Jersey Presbytery, or whether the trust comprehended the aid of such educational institutions as were within the field of administrative work of that board.

Rule

The court determined that the intent of the testatrices was to provide for educational institutions under the Presbyterian Church, and that the General Assembly had the authority to direct the use of the trust income.

The objects for which it is formed are the securing and receiving money authorized and approved by the General Assembly of the Presbyterian Church of the United States of America. The money and property thus received to be devoted to current expenses or to permanent endowments of struggling institutions of learning, or to the establishment of new institutions, and to defray the necessary expenses of said board.

Analysis

The court analyzed the language of the will and the historical context of the trust, concluding that the testatrices intended for the income to support educational institutions beyond just colleges. The court emphasized that the General Assembly's authority allowed it to direct the use of the trust income to the Night School, aligning with the original intent of the trust.

The direction thus given by the supreme authority of the church was for its board to apply the income here in question to the aid of complainant, ‘if the legal way be clear.’ The evidence discloses that these qualifying words, above quoted, are usually inserted in similar directions to the end that the law may not be violated by the directions given.

Conclusion

The court ruled in favor of the Mary S. Fithian Night School & Academy, ordering the College Board to account for and pay the income from the trust fund to the complainant.

I will advise a decree to that effect.

Who won?

Mary S. Fithian Night School & Academy prevailed in the case because the court found that the trust's intent included support for educational institutions like the Night School, and the General Assembly had the authority to direct the use of the trust income accordingly.

I am convinced that the latter view must prevail.

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