Joseph McKenna

“ The devise, we think, satisfies the tests. The object of the testator was not 'to make some contribution to the Navy of the United States.' Such contribution was but an incidental effect, or rather, the mere inducement to the testator's benefaction. The testator's special object was, so far as his property would accomplish it, to give to young men not having the pecuniary ability to prepare themselves, the opportunity to do so. Preparatory training was necessary; he made it available, to the extent of his means, to young men who otherwise could not bear the expense. ”

“ The merchant marine was and is a very definite and substantial thing, and had unmistakable definition in general, if not in legal, nomenclature. The meaning of a testator is not required to be found in law lexicons; the usages of popular speech may furnish a guide to it. Besides, the words 'merchant marine' receive certain meaning from their context, and it is easy to put one's self in the place of the sailor testator and appreciate his impulse and purpose. His relatives were remote, his property not large, and he had been an officer in the United States Navy. ”

“ The purpose of the testator has not been disappointed. In other words, the charitable object has been accomplished, 'in some degree, at least,'-the test which appellants apply. The finding is that at least two out of twenty-four of those who availed themselves of the scholarships instituted by the Columbian University entered the Naval Academy. We can suppose a better result from a better administration of the trust.
The testator had in view another career for young men besides the Navy, which could be attained by the same means ”