Murphey v. American Jewish Congress

THOMPSON, J.

Joseph L. Murphey, the surviving husband of decedent, as executor and individually as a legatee, appeals from portions of the decree of distribution. In the first instance, there is an appeal from that portion of the decree firiding and declaring that the American Jewish Congress is not a charitable organization, and, therefore, was entitled to the full sum bequeathed to it by the decedent instead of being compelled to takfe a

pro rata

portion thereof in order to bring the total bequests to charity to one-third of the distributive value of the estate. The articles of incorporation were introduced in evidence and also oral testimony. Among the purposes for which the corporation was organized are the following:

“(a) To safeguard the civil, political, economic, and religious rights of the Jews in all countries.

“ (b) To further the development of the Jewish National Home in Palestine.

“(c) To develop an articulate, intelligent, widespread and compelling public opinion touching Jewish interests and problems.

“ (d) To gather and disseminate information concerning such interests and problems, and to foster the free and open discussion of them.

“ (e) To secure and maintain equality of opportunity for Jews everywhere, and, in every lawful manner, to secure effective remedies, assistance, and redress in all cases of injustice, hardship, or suffering arising out of discriminatory measures against Jews, or from the violation or denial of their lawful rights. ’ ’

The oral testimony establishes, without contradiction, that the purposes of the respondent are political. The purposes which we have quoted from the articles confirm the oral testimony and establish beyond question their political character. But that does not conclude the matter. We might have serious doubt of the proper determination of the

[715]

question were it an open one in this state, particularly in view of

Bowditch