
    John T. Loring vs. John G. Park & others, Executors.
    A member of a corporation to which property is given by a will, in trust for charitable uses is a competent witness to the will.
    Appeal from a decree of the judge of probate, allowing the will of Jonathan Loring. One reason of the appeal was incompetency of the attesting witnesses.
    By the will a large part of the testator’s property was given, in trust for the First Parish in Groton, to the Trustees of Groton Ministerial Fund, a corporation created by St. 1803, c. 86, and the acts in addition thereto. Caleb Butler, one of the attesting witnesses to the will, was one of said trustees and a member of said parish. Metcalf, J., reserved for the full court the question whether Butler was a competent witness.
    
      J. 6r. Abbott, for the appellant, was first called upon.
    The cases of Hawes v. Humphrey, 9 Pick. 361, and Haven v. Hilliard, 23 Pick. 10, have settled that the provision of the statutes of Massachusetts, that “ members of any parish, or incorporated or legally organized religious society” may be competent witnesses in any suit to which the corporation is a party, extends to witnesses to a will. But the trustees of the Groton Ministerial Fund are not such a corporation. The new practice act expressly excepts from its operation attesting witnesses to a will. St. 1852, c. 312, § 60. Butler was therefore an incompetent witness ; for every trustee is directly interested to increase the fund under his management and control, and thereby the amount of his compensation. 1 Greenl. Ev. § 391. Burton v. Hinde, 5 T. R. 174.
    
      E. R. Hoar Sf B. Russell, for the appellees.
   Shaw, C. J.

The witness Butler, not being a party to the record, and not having any beneficial interest in the result, was a competent witness. Case to stand for trial.  