Whitsett v. . Clapp

Adams, J. Tbe validity of tbe testator’s direction for tbe support of Springwood Church is not doubted, but tbe items providing for “borne missionary work” and for “keeping up preaching in weak churches” are assailed by tbe appellants for tbe alleged reason that no beneficiaries are named who are capable of claiming tbe trust estate. Tbe plaintiffs allege that tbe provisions of tbe will are indefinite and uncertain, and tbe appellants seem to treat tbe allegation as equivalent to an admission that tbe devises are void; but tbe plaintiffs further allege that tbe testator*^ intent was to vest title to tbe property in themselves as executors and trustees for tbe purposes declared in tbe will, and that for tbe guidance of tbe interested parties a judicial construction of tbe will was essential. Tbe question is whether tbe devises in aid of home missionary work and tbe maintenance of weak churches in Orange Presbytery are void for uncertainty. In tbe legal sense a charity has been defined as a gift to be applied consistently with existing laws for tbe benefit of an indefinite number of persons. Barden v. R. R., 152 N. C., 318. It was said in Griffin v. Graham, 8 N. C., 96, that there is no principle of law which forbids tbe appropriation of property to charitable uses since tbe power of alienation was introduced and that a devise to individual trustees by name for any lawful purpose has been deemed valid since tbe statute of wills without regard to tbe statute of 43 Elizabeth; and in Keith v. Scales, 124 N. C., 497, it was noted that tbe validity of charitable devises does not depend upon tbe question whether tbe latter statute is or is not in force in this State. Tbe subject must be considered in connection with sections 4033-4035(c) and 3568-3572 of tbe Code of 1927. Tbe trust created by tbe will in question is within tbe definition of a charity and should not be set aside merely because it was created for tbe benefit of an indefinite class. Trusts for public charity “may, and indeed must be for an indefinite number of persons; for if all tbe beneficiaries are person *650 ally designated, tbe trust lacks the essential element o£ indefiniteness, which is one characteristic of a legal charity. If the founder describes the general nature of the charitable trust, he may leave the details of its administration to be settled by trustees under the superintendence of a court of chancery.” Russell v. Allen, 107 U. S., 163, 27 Law Ed., 397. In the case before us the trial court held that the executors .are trustees of an express trust with power to collect rent, income, and profits, and to do whatever may be necessary to preserve the estate and execute the trust. The trustees of Springwood Church and of Orange Presbytery are beneficiaries with capacity to invoke the equitable jurisdiction of the courts, as are also the members of a board or department whose duty it is to raise funds for home mission work and the support of weak churches — churches whose maintenance is dependent upon financial aid. We are therefore of opinion that the trusts created by the will are not void, but are sufficiently definite to be enforced. Many of the authorities discussing the question have been collected in recent opinions of this Court and need not be reviewed at this time. Benevolent Society v. Orrell, 195 N. C., 405; Rotton v. Elliott, 193 N. C., 708; Trust Co. v. Ogburn, 181 N. C., 324; Chandler v. Board of Education, ibid., 444; Keith v. Scales, supra. That this conclusion conforms to our legislative policy is shown by a statute, recently enacted, which provides that no gift, grant, bequest, or devise, whether in trust or otherwise, to religious, educational, charitable, or benevolent uses shall be invalid by reason of any indefiniteness or uncertainty of the object or beneficiaries of such trust. Public Laws 1925, ch. 264, sec. 1; N. C. Code, 1927, sec. 4035(a). It may he noted that the bequests in Thomas v. Clay, 187 N. C., 778, and Weaver v. Kirby, 186 N. C., 387, are distinguishable from trusts created by the will in controversy. Judgment Affirmed.