Trustees of the Philadelphia Baptist Ass'n v. Hart's Executors
Supreme Court of the United States
IN the year 1790, Silas Hart, a citizen and resident of Virginia, made his last will in writing, which contains the following bequest.
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IN the year 1790, Silas Hart, a citizen and resident of Virginia, made his last will in writing, which contains the following bequest. “ Item, what shall remain of my military certificates at the time of my decease, both principal and interest, I give and bequeath to the Baptist Association that for ordinary meets at Philadelphia annually, which I allow to be a perpetual fund for the education of youths of the Baptist denomination, who shall appear promising for the ministry, always giving a preference to the descendants of my father’s family.” In 1792 the legislature of Virginia passed an…
1Opinion of the CourtChief Justice Marshall
delivered the opinion ©f the Court. .
It was obviously the intention of the testator, that the Association should take in its character as an Association j and should, in that character, perform the trust created by the will* The membei's composing it must be perpetually changing ; but, however they might change, it is “ The Baptist Association that.' for ordinary meets at Philadelphia annually,” which is to take and manage the “ perpetual fund’5 intend-e(j be Created by this will. This Association is described with sufficient accuracy to be clearly understood ; but, not being incorporated, is…
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