p. 47 | Untitled article by C. P. B.

Pacific Press Publishing Company · New York · February 8, 1894

Some Pennsylvania Law.

By C. P. B.

PENNSYLVANIA has a law, enacted in 1855, which provides that bequests to religious and charitable bodies shall be invalid if the will be made within a month of the decedent's death. Some time since one, John L. Knight, of Philadelphia, made a bequest to the Friendship Liberal League, and then very inconsiderately died within thirty days. The Supreme Court of Pennsylvania has just set the will aside on the ground that the Liberal League is to all intents and purposes the same to its members as a church, and its creed and principles the same as a religion. Hence, the law of 1855 applies to this body.

This decision seems to be all right, but the Christian Reformer finds fault with it, not because the Liberal League loses the bequest, but because of the ground upon which the decision was made. The Reformer says:—

This may be good law as far as it goes. But there are legal precedents that give a better ground for the denial of the validity of this bequest. The court incidentally referred to these grounds when it said in the present case: “Looked at from a Christian standpoint it might be said that such a bequest was irreligious and immoral, that it was unworthy to be treated as charity, and that its tendency was positively hurtful. This might be true from the point of observation occupied by an impartial humanitarian or patriot.” We have not seen the dissenting opinion of Justice Dean, but we presume that he holds to the decision given by such legal authorities as Justice Sharswood, who holds that a bequest to an infidel or antichristian society is null and void because of the intrinsically immoral and hurtful character of such an organization.

We have no sympathy whatever with infidelity, but we have as little with the Christianity(?) that must be shielded behind civil statutes and be accorded special privileges to compete successfully with infidelity. A man has a right to hold and to teach any religion or no religion, and to devote his property to the promulgation of any doctrine he pleases while living, even in Pennsylvania; and having that right what kind of law is it that would deny him the right to do the same thing after death? Certainly a man ought to be permitted to dispose of his property by will in any way that he might legally and justly dispose of it during his lifetime.

C. P. B.