Blacks Law Dict. 1st ed

BENERTH

BERCARIUS

129

ing pecuniary relief. Such are beneficial so cieties of Maryland, fund associations of Mis souri, loan and fund associations of Massa chusetts, mechanics' associations of Michi gan, protection societies of New Jersey. Friendly societies in Great Britain are a still more extensive and important species belong ing to this class. Abbott. BENERTH. A feudal service rendered by the tenant to his lord with plow and cart. Cowell. BENEVOLENCE. The doing a kind or helpful action towards another, under no obligation except an ethical one. Is no doubt distinguishable from the words "liberality" and "charity;" for, although many charitable institutions are very properly called u benevolent," it is impossible to say that every ob ject of a man's benevolence is also an object of his charity. 3 Mer. 17. In public law. Nominally a voluntary gratuity given by subjects to their king, but in reality a tax or forced loan. BENEVOLENT. This word is certain ly more indefinite, and of far wider range, than "charitable" or "religious;" it would include all gifts prompted by good-will or kind feeling towards the recipient, whether an object of charity or not. The natural and usual meaning of the word would so extend it. It has no legal meaning separate from its usual meaning. "Charitable" has ac quired a settled limited meaning in law, which confines it within known limits. But In all the decisions in England on the sub ject it has been held that a devise or bequest for benevolent objects, or in trust to give to such objects, is too indefinite, and therefore void. 19 N. J. Eq. 307, 313; 20 N. J. Eq. 489. This word, as applied to objects or pur poses, may refer to those which are in their nature charitable, and may also have a broad er meaning and include objects and purposes not charitable in the legal sense of that word. Acts of kindness, friendship, forethought, or good-will might properly be described as benevolent. It has therefore been held that gifts to trustees to be applied for "benevo lent purposes" at their discretion, or to such "benevolent purposes" as they could agree upon, do not create a public charity. But where the word is used in connection with other words explanatory of its meaning, and indicating the intent of the donor to limit it to purposes strictly charitable, it has been held to be synonymous with, or equivalent to, "charitable." 132 Mass. 413. See,also, AM.DIOT.LAW—9

111 Mass. 268; 31 N. J. Eq. 695; 23 Minn. 92. BENEVOLENT SOCIETIES. In En< glish law. Societies established and regis tered under the friendly societies act, 1875, for any charitable or benevolent purposes. Benigne faciendse sunt interpreta tiones ohartarum, ut res magis valeat quam pereat; et queslibet ooncessio for tissimo contra donatorem interpretanda est. Liberal interpretations are to be made of deeds, so that the purpose may rather stand than fall; and every grant is to be taken most strongly against the grantor. 4 Mass. 134; 1 Sandf. Ch. 258, 268. Benigne faciendse sunt interpreta tiones, propter simplicitatem laicorum, ut res magis valeat quam pereat. Con structions [of written instruments] are to be made liberally, on account of the simplicity of the laity, [or common people,] in order that the thing [or subject-matter] may rathet have effect than perish, [or become void.] Co. Litt. 36a; Broom, Max. 540. Benignior sententia in verbis gener alibus seu dubiis, est prseferenda. 4 Coke, 15. The more favorable construction is to be placed on general or doubtful ex pressions. Benignius leges interpretandes stint quo voluntas earum conservetur. Laws are to be more liberally interpreted, in order that their intent may be preserved. Dig. 1, 3, 18. BEQUEATH. To give personal property by will to another. 13 Barb. 106. The word may be construed devise, so as to pass real es* tate. Wig. Wills, 11. BEQUEST. A gift by will of personal property; a legacy. A specific bequest is one whereby the tes tator gives to the legatee all his property of a certain class or kind; as all his pure person alty. A residuary bequest is a gift of all the re mainder of the testator's personal estate, aft* er payment of debts and legacies, etc. An executory bequest is the bequest of a future, deferred, or contingent interest in personalty. BERCARIA. In old English law, a sheep fold; also a place where the bark of trees was laid to tan. BERCARIUS, OB BERCATOR, A shepherd.

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