Masses

Religious ceremonials or observances of the Roman Catholic Church. A bequest for masses comes within the religious uses which are upheld as public charities; In re Schouler, 134 Mass. 427; Seibert's Appeal, 6 Atl. 105, 18 W. N. C. (Pa.) 276; contra, Holland v. Alcock, 108 N. Y. 312, 16 N. E. 305, 2 Am. St. Rep. 420; in England, such a bequest is void; 15 Ch. D. 696; to the same effect, Festorazzi v. Catholic Church, 104 Ala. 327, 18 South. 394, 25 L. R. A. 360, 53 Am. St. Rep. 48. In Ireland, if the trustee is willing to comply with the testator's direction, no one can interfere to prevent him; Ames, Lect. in Leg. Hist. 294, citing 7 Ir. Eq. 34, n. See Charitable Uses; 7 Yale L. J. 363.

Whether gifts to a Roman Catholic church for paying for masses are legal " charities," has been variously decided. A devise to a church to be devoted to paying for the repose of the testator's soul is not a devise to a " charitable or religious use." * Such a devise or bequest is certainly a "xeligious* use." If, therefore, in Pennsylvania, it is made within one month before death, it falls within the prohibition of the act of April 26, 1855.' " Masses are religious ceremonials or observances,.. ahd come within the religious or pious uses which are upheld as public charities." In the case cited, the language of the will was that the residue of the estate should be disposed of " tpr charitable purposes, masses," ete.* A bequest of all the residue of a testator's estate to his executors " for the purpose of having prayers offered for the repose ot my soul, the souls ot my fam- 1 United States v. Diekelman, 98 U. S. 586 (1875), Waite, C. J.: s. c. 11 Ct. CI. 439. ' Be Egan, 5 Blatoh. 321-23 (1806), Nelson, J. » Exp. Milligan, 4 Wall. 107, 183, 187 (1866). < See Mitchell v. Harmony, 13 How. 128 (1851). « 1 Bl. Com. 413. See 7 How. 59-88; 15 id. 115; 16 id. 144; 8 Op. Att.-Gen. 365-74; 39 Ala. 658; 44 111. 153; 81 Ind. 377; 8 Stoiy, Con.st. § 1348; North Am. Eev., Oct. 1861; 1 Lieber, Civ. Lib. 130. « Be Estate of Power, 35 Leg. Int. 68 (Pa., 1878). fly, and the souls of all others in purgatory," is invalid, for want of a defined beneficiary.' See Chaeitt, 2.