Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 19

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 19

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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. 1907 edition. Excerpt: ...If it is to be taken literally, there is no trouble about it. If it is to be taken and measured according to the laws of the state then in force, Stark County. there would no difficulty arise. In either case the beneficiary would be easy of ascertainment. So we think there is nothing substantial in that contention. Next, it is contended that this includes not only the colored children of Stark county, not only of Ohio, not only of the United States, but of the whole world, and that each and all of the children having any negro blood in their veins anywhere in the world are.entitled as beneficiaries under this devise and that the same necessarily fails for such uncertainty as to beneficiaries. In considering this, it is necessary to examine to some extent the nature of the trust. It is undoubtedly a public charity. If that be true then the very first element of a public charity is, that the beneficiaries thereof be indefinite and uncertain; that is to say, a class may be designated or a race may be designated, and so'long as we are able to determine the class to which the charity is to be applied, that is sufficient for the purpose of a charitable trust. It is said in Sewers v. Cyrenius, 39 Ohio St. 29, 35 48 Am. Rep. 418: ' "It is no objection to the validity of the trust that the individuals to be benefited by it are not designated in the will, for this indefiniteness is a necessary characteristic of charitable trus." In Perry, Trusts Sec. 710, it is stated: "In order that there may be a good trust for a charitable use, there must always be some public benefit open to an indefinite and vague number. That is, the persons to be benefit-ed must be vague, uncertain and indefinite until they are selected or appointed to be...
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Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • United States
  • English
  • black & white illustrations
  • 1236831993
  • 9781236831996