TRUSTS-EFFECT OF GIFT TO EXECUTOR FOR "CHARITY AND OTHER WORTHY OBJECTS"

Authors

Abstract

A testator directed his executor to sell all his assets within five years and to distribute the proceeds to "such charities and worthy objects" as the executor and the testator's sister should determine, "remembering . . . the City of Fort Worth . . . , the City of Vancouver . . . , Parker County, in Texas, and England, places to which I have become attached." The executor proceeded to administer the estate and gave some of it to the Methodist Episcopal Bishop of Texas for the use of his church. The attorney general of Texas then filed a bill' seeking to enjoin the executor from further administration of the estate for alleged misconduct, to appoint a receiver for the estate, and to appoint a master to determine to what charities the assets should be given. The heirs and next of kin of the testator were not joined as parties. The Supreme Court of Texas affirmed the dissolution of a temporary injunction against the executor, dismissed the bill, and held, that the trust was not necessarily for public charity, so the attorney general had no interest and was not a proper party to enforce it. By way of dictum the court said that the gift to the Methodist bishop was a reasonable exercise of the discretion of the trustee, thus inferentially holding that the will created a valid private trust. Allred, Attorney General, v. Beggs, (Tex. 1935) 84 S. W. (2d) 223.

Recommended Citation

TRUSTS-EFFECT OF GIFT TO EXECUTOR FOR "CHARITY AND OTHER WORTHY OBJECTS", 34 Mich. L. Rev. 582 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss4/23