THE LIGHTER SIDE are the pure in heart for they shall see God," to the young man and woman who may be chosen as the best living models of useful and pure lives. 6. To keep a record of all person or persons who have ever been or may be members of The African Methodist Church and of The African Methodist Episcopal Church, its successor, that it may be known how many of these Churches will participate in the great re-union beyond the grave. 7. To contribute to and help in the support or repairs (or rebuilding if it should ever become necessary) of the said African Methodist Church, as in the judgment of a majority of my trustees may be thought best and needed." The Attorney General answering says that in the benefactions mentioned in the sixth and seventh paragraphs above set out for the benefit of the African Methodist Church, neither the people of the State of nor Thomas S. Hickson, Attorney General, their representative, has any interest. That by the seventh paragraph it is left to the majority of the trustees to decide what repairs shall be made to said Church. That by the sixth paragraph it is left uncertain who is to determine " How many from these churches will participate in the great re-union beyond the grave," but that neither the people of the State of •, as such, nor their representative, the Attorney General, has any interest in the carrying out of said bequest. As to the fourth paragraph, above set out, this defendant says that he is not interested as a representative of the State of as Attorney General in how many natives of foreign countries shall be educated for teachers and missionaries in their own countries. The Attorney General further answering says that in his representative capacity he is interested in carrying out the first, second, third and fifth paragraphs of said last will and testament above set forth, but that by the provisions of said will the testator has left entirely and exclusively to the trustees mentioned in said will how these provisions shall be carried out. As to the first they, the trustees, must
.select the worthy poor of the City of and say how much shall be contributed to ea'ch. As to the second they, the trustees must determine who has fallen and say how much must be contributed to each to enable him or her to rise again. As to the third they, the trustees, must determine what persons are unable to help themselves and how and to what extent they shall help each one of them. As to the fifth they, the trustees, must choose from the young men and women the one who is the best living model of a pure and useful life and to him or her give the gold medal with the words " Blessed are the Pure in Heart, for they Shall see God" engraved thereon, and therefore this defendant alleges that the testator has provided in this his last will and testament who shall be the donees of .his bounty and who shall distribute the same and that neither the State, nor he, as their legal representative, has any authority in the premises. This defendant further avers, that were it otherwise and were he authorized by law to aid in the dispensing of this bounty in his representative capacity, the duties of the office of Attorney General are so onerous and exacting that neither he nor any suc cessor he may have could find the time or be competent to select the most deserving from the poor of the City, from the fallen, from the helpless and from the pure. Further answering the Plaintiff's petition this defendant says that said last will and testament of the said Zebulon Heep contains the following clause, to wit: "Second, If my beloved wife, Mary Ann Heep, does not renounce the provisions of this, my last will and testament, but lets the same stand and accepts her rights hereunder, as I desire she shall, then she shall have a life estate or interest in my estate, to be paid by my trustees before any moneys whatever shall be given to any of the pur poses hereinbefore specified. If she so accepts, my said trustees and their successors shall then give her a liberal support out of my estate during her life time, making her life as comfortable as it possibly can be made, with reference to her station and condition in
