Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 19

Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions 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: ... very nature of the thing itself must be indefinite and uncertain. And if there is any way provided by which the individuals may be selected from this vague and indefinite number, then it is sufiicient for the purposes of a public trust. But of course it was not intended that this small fund should be applied to the colored children of the world. That was, and is impossible from the very nature of things and the testator must have realized that; so that it was necessarily his intention that individuals from this race should be selected as beneficiaries of the trust. And if Hunt v. Edgerton. he has provided for that then the designation of the beneficiaries is sufficient. If he has not it must fail for uncertainty. Another rule that has seemed to meet the approval of all courts of this country, dealing with this question, is the rule, "That gifts for charitable purposes shall always be favored, and trusts created for such purposes carried lnto effect by courts of equity, if at all possible to do so." The rule in England is, that all such charitable trusts shall be carried into effect, and that any uncertainty in the beneficiaries thereof shall be set at rest by the courts whether or not the intention of the testator can be exactly followed or not. It is said by some authorities that this doctrine applies in this country only not under the same name, and that reduced to its elements the cy-pres doctrine of England is a very simple judicial rule of construction, and as such, courts in all the states can and do apply it without usurping any prerogative powers. But we do not understand that to be the law. The definition is nicely stated by Lord Eldon in this language: "The general principle thought most reconcilable to the...show more

Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236976649
  • 9781236976642