CHARITIES - INDEFINITENESS - CONSTRUCTION OF STATUTE VALIDATING INDEFINITE TRUSTS FOR CHARITY

Authors

John M. Ulman, University of Michigan Law SchoolFollow

Abstract

The testator's will contained a bequest of $10,000 to executors to be held in trust by them and paid out "to such corporations or associations of individuals as will in their judgment best promote the cause of preventing cruelty to animals in the vicinity of Asheville." A state statute provided that no charitable trust should be declared invalid by reason of any indefiniteness or uncertainty of the object or beneficiaries of the trust or because the trustee is given discretionary power in the selection and designation of the objects or beneficiaries of the trust or in carrying out the purpose thereof. Held, that the trust is void for indefiniteness of purpose and the statute does not purport to cure that defect. Woodcock v. Wachovia Bank & Trust Co., 214 N. C. 224, 199 S. E. 20 (1938).

Recommended Citation

John M. Ulman, CHARITIES - INDEFINITENESS - CONSTRUCTION OF STATUTE VALIDATING INDEFINITE TRUSTS FOR CHARITY, 37 Mich. L. Rev. 1132 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss7/15