Foust v. Board of Publication
Foust v. Board of Publication
Opinion of the Court
delivered the opinion of the court.
The complainant’s intestate executed in her lifetime the following instrument:
•‘I, Mrs. Sarah Thompson of Clarksville, county of Montgomery and State of Tennessee, do hereby bind myself, my heirs, executors and administrators, to pay to the Board of Publication of the Cumberland Presbyterian Church, located at Nashville, Tenn., the sum of five hundred dollars ($500.00) for the purpose of aiding and assisting said Board in carrying on its publishing interest. The said sum of five hundred dollars*553 is to become due, and is made payable from and after my natural death. Given under my hand and seal, this 13th of April, 1876. her
Mrs. Sarah X Thompson,
mark
Attest: J. W. Riggins.”
Mrs. Sarah Thompson died in the year 1879, and complainant, Jacob Foust, was appointed and qualified as administrator of her estate. The object of this suit is to have it legally determined whether the Publishing Board is entitled to recover from the estate the amount called for by the instrument. The chancellor decided in .favor of the Board, and the distributees of the estate appealed.
The Board of Publication of the Cumberland Presbyterian Church is a corporation, chartered for the purpose of publishing and circulating the denominational books, tracts, periodicals and other printed matter which may, from time to time, be ordered by the General Assembly of the Church, or determined upon by the Board. The policy of the Board has been to distribute gratuitously denominational books, tracts and periodicals to the extent of its pecuniary ability, and when not able to donate to sell at as cheap a, rate as possible. It has to depend largely upon donations from friends, and has received donations in the form of subscriptions, pledges and notes. Iiaving become considerably involved by purchases of stock, the Board appointed agents in 1874 to solicit donations, and large sums were obtained by notes on time in this way for several years. The note in controversy was delivered
“An attempt to reconcile all the oases which have been adjudged touching the validity of voluntary engagements to pay money for charitable, educational, religious or other public purposes would be fruitless”: Per Allen, J., in Barnes v. Ferine, 12 N. Y., 23. The safest course, when the authorities are hopelessly in conflict and the principles which underlie them are unsettled, is to confine the ruling to the particular case presented, and adhere as near as possible to the adjudications in which the courts concur.
The instrument under consideration contains a promise to pay, after the maker’s death, the sum of money specified to the Board of Publication, “for the purpose of aiding and assisting” the Board in carrying on its publishing business. Whether we treat it as a note or simple contract, it is not obligatory without a consideration: Tate v. Hilbert, 2 Ves. Jr., 111. A consideration may be either a benefit to the maker of the
There can be no doubt, as said in the last of these cases, that there may be an acceptance of a voluntary donation, -and the accruing of a detriment to the prom-isee sufficient to constitute a valuable consideration in law, by some unequivocal act, such as advancing or expending money, or erecting a building, in accordance with the terms of the contract, and upon the faith of the donor’s promise. It is obvious, however, that to bring a case within the rule, there must be a contract
There are cases which hold that a voluntary promise for an educational, charitable or other similar object is valid, the express or implied undertaking of the promisee to faithfully appropriate the funds to the prescribed object constituting a sufficient consideration: Ladies Institute v. French, 16 Gray, 196. But the eminent court in which this doctrine seems to have originated has recently said: “In every case in which this court has sustained an action upon a promise of this description, the promisee’s acceptance of the promise was shown, either by express vote or contract, assuming a liability or obligation, legal or equitable, or else by some unequivocal act, such as advancing or expending money, or erecting a building, in accordance with the terms of the contract, and upon the faith of
. The decree of the chancellor must be reversed, but the costs of the entire cause will be paid by the complainant as administrator out of ¿ihe assets of the estate.
Reference
- Full Case Name
- Jacob Foust, Adm'r v. Board of Publication
- Status
- Published