Festorazzi v. St. Joseph's Catholic Church
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellants, Sylvester Festorazzi and Amabile Muscat, as executors of the estate of Joseph Peter, deceased, and prayed to have the will of their testator construed, and to be directed as to how to distribute the estate. The children of Joseph Peter and the Roman Catholic Cathedral and the St. Joseph’s Catholic Church of Mobile were made parties defendant.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellants, Sylvester Festorazzi and Amabile Muscat, as executors of the estate of Joseph Peter, deceased, and prayed to have the will of their testator construed, and to be directed as to how to distribute the estate. The children of Joseph Peter and the Roman Catholic Cathedral and the St. Joseph’s Catholic Church of Mobile were made parties defendant. The second and third items of the will, as to the enforcement of which the present controversy arose, were as follows :…
1Opinion of the CourtHead, J.
The validity of the bequest brought to our view, in this case, must be upheld, if at all, upon one of three propositions, viz. :
1. That it is a direct bequest to the church for its general uses.
2. That it creates a charitable use.
3. That it creates a valid private trust.
First: The form of the bequest repels the idea that a gift to a church for its own general uses was intended. *330The bequest is to the church, “to be used iu solemn masses for the repose of my soul.” Similar bequests have been many times before the courts, in England and this country, and in all the cases, so far as .our research…
2Cases cited1 opinion
- Williams v. PearsonSupreme Court of Alabama · 1862
3Cited by13 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Hoeffer v. CloganIllinois Supreme Court · 1898
- Coleman, &c. v. O'Leary's Exr.Court of Appeals of Kentucky · 1902
- Moran v. MoranSupreme Court of Iowa · 1897
- Estate of HamiltonCalifornia Supreme Court · 1919
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