The Virginia Law Register Volume 17 (Paperback)

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. 1912 edition. Excerpt: ...use such donations under the terms of the gifts, has never been questioned. These boards are the natural trustees of these gifts. in whose hands they have been placed to be used and controlled by them in the manner directed, under the terms of the gifts, and many, persons are the beneficiaries of these acts of generosity. The son of.Ir. Murkland, who was an inmate of the /Vestern Hospital. was not an epileptic, but was one of that unfortunate class who had lost his reason and whose case was hopeless. This devise is not unlike many others made to our State institutions, and if the Legislature can appropriate and divert this donation from the purpose for which it was given, thereby nullifying the act of this testator in this special bequest, it can with equal propriety, take from the University and other institutions of the state, the large sums donated to them, and apply them in other directions, and for entirely different purposes from that for which they were given, simply and solely upon the ground that a donation to an institution as trustee. makes it the property of the State. The charity bestowed by Mr. Murkland to be dispensed through the agency of the governing body of the Hospital to the inmates, under their control and in their keep ing, is clearly in my opinion a perfectly valid and legal devise, and the Board of Directors are competent trustees, to hold and administer this private charity, and trust, and be treated as an individual accepting such a trust. where it is germane to the purposes for which it was created by the State. Had the Hospital Board paid the entire purchase money of $17,125.00 from its resources derived from the State it is altogether probable, that the State would have had the right to direct and appropriate...