Law of Real Property (Volume 3); Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized (Paperback, Annotated edition)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHARITABLE USES. EPITOME OP CASES. Sec. 66. Validity of devise for charity. A bequest for the " erection, creation, maintenance and endowment of a free public library " in a large city is a charitable bequest and therefore not subject to the rule against perpetuities. Crerar et al. v. Williams et al., 146 111. 625 (34 N. E. Rep. 407). Citing, Druryv. Natick, 10 Allen 176; Dascomb. Marston, 80 Me. 228 (18 Atl. Rep. 888); Donohuglis Appeal, 86 Pa. St. 806; Hcuser v. Harris, 42 111. 425. A bequest of the testator's residuary estate to trustee to sell the same for the establishment of a free public library, followed by a direction to them to organize a corporation to manage the same, does not constitute an executory devise, since the vesting of the bequest is not conditional upon the formation of the corporation. Crerar et al. v. Williams et al., 145 111. 625 (34 N. E. Rep. 467). A residuary clause in a will, which gives to trustees all of the testator's estate, real and personal, remaining after the payment of certain other bequests, to be expended by such trustees, at their discretion, only for " benevolent and charitable purposes," is not void for its generality and indefiniteness, nor because the word " benevolent" is used with the word " charitable" to express the testator's wishes. While a devise or bequest to trustees for such benevolent purposes as are not also charitable would be void, the two words, when coupled together in a testamentary gift, will be taken to mean no more than the word " charitable" implies, when used alone, and in a legal sense, unless a different construction is clearly established by other portions of the will. The purposes are to be both benevolent and charitable, and not benevolent, or liberal, or generous, merely. Fox v. Gibbs, 86 Me. 87 (29 ...