The Law of Charitable Uses, Trusts and Donations in New York

The Law of Charitable Uses, Trusts and Donations in New York

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...relative to gifts for charitable purposes has revived all charitable uses, although the language employed in that statute would be susceptible of the construction, that charitable uses were thitherto as completely valid as at common law, excepting in the single respect remedied by the statute. ln fact, " charitable uses" were abolished by the Revised Statutes? and such charitable trusts as thereafter remained enforceable were ordinarily valid only as powers?' Yet, in one sense, wherever there is still a trust for the benefit of any charity there is a charitable use4 within the meaning of the ancient lav, which, after the Statute of Uses, refers to all uses not executed by the statute, either as charitable uses or, if private, as trusts.5 Therefore, whenever the term "charitable use" is now employed it still designates an unexecuted use, or a trust or confidence for charity, as contradistinguished from a charitable gift not in trust. 6 There is one marked difference, at the present day in New York, between express trusts in real property and express trusts in personal property. Express trusts in real estate are by the Article of the Revised Statutes' regulating uses and trusts in lands limited to four trust purposes: (I) To sell lands for the benefit of creditors; (2)-To sell, mortgage or lease lands, for the benefit of legatees, or for the purpose of satisfying any charge thereon: (3) To receive the rents and profits of lands, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules prescribed in the first Article of this title." (4) To receive the rents and profits of lands, and to accumulate the same, for the purposes and within the...show more

Product details

  • Paperback | 76 pages
  • 189 x 246 x 4mm | 154g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236833643
  • 9781236833648