American Law of Charities

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Bruce Publishing Company, 1924 - 623 страници
 

Съдържание

History of Such Yielding
31
57
37
Construction of Mississippi Constitution
45
New York Repeal of English Statutes
47
Louisiana Ratification by Public Authorities
53
Religious Charities Difficulties 236 Statute of Elizabeth xvii
59
Third Class of Majority Group Alabama Vermont
61
Tennessee
65
IIICy Pres Doctrine
71
Statutes of Parent States
99
Maine
101
Texas Iowa Ohio Oregon Generally
102
Oregon Texas Ohio
103
Iowa 105 Federal Courts
104
Divergence in the Authorities
106
Summary
107
Cy Pres Doctrine
108
Illustrations
113
CHAPTER III
114
Roman Law Pages 71119
117
Middle Ages Situation
118
Reasonable Basis of English Cy Pres Doctrine
119
English Cy Pres Doctrine not Judicial
120
Examples of English Cy Pres Application
121
English Doctrine not in Force in America
122
Judicial Doctrine Retained in America
123
Liberal Construction
124
Valid Gift as a Prerequisite
125
States in Which the Doctrine is not in Force
126
States Which Have Wavered in Applying the Doctrine
127
Reason for Doctrine
128
What is a Valid Approximation?
129
Illustrations of Refusal to Apply the Doctrine
130
Illustration of the Application of the Doctrine
131
General and Special Intent
132
Difficulty in Distinguishing General and Special Intent
133
Special Intent Becoming Impossible
134
General Intent Carried Out Over Special Intent
135
General Intent Incapable of Accomplishment Fraud
136
Conflict Between the Two Intents
137
Illustrations of Special Intent
138
Donors General Intent Not to be Subverted
139
Donors Intent the Pole Star
140
Difficulties in Distinguishing Between the Two Intents
141
Cases in Which no General Intent will be Deduced
142
A General Intent Must be Indicated
143
Religious Charities
144
Gift to Defunct Corporation
145
Gift to Corporation Absence of General Intent
146
Gift to Corporation Presence of General Intent
147
Reverter Clause Importance
148
Reverter Without Reverter Clause
149
Alternative Provision
150
Illegality of One of Testators Purposes
151
Illegality of a Part of Testators Scheme
152
Subsidiary Condition Illegal
153
Legal and Illegal Means
154
Impossibility of Executing a Part of Donors Plan
155
Actual Necessity Must be Shown
156
Unexpected Diminution Minority View
157
Unexpected Diminution Majority Rule
158
Education
159
Scholarship Tuition
160
VReligion
161
Express Power to Sell
162
Implied Power to Sell
163
Implied Power to Sell General Intention
164
Denominational Moulds
166
Denominational Moulds Continued 242 Denominational Moulds Evidence
167
Broad Extent of Education
201
Summary
211
VIIIMunicipal Purposes
212
IXDefiniteness
220
Gifts in Presenti
233
Definiteness of Purpose Reason
241
Extension of Statute of Elizabeth
243
Parochial and Sunday Schools
244
Education for the Ministry
245
Missions
246
Mission Instruments
247
Mission Schools and Houses Bible and Tract Societies
248
Home Missions
249
Superstitious Uses
250
Superstitious Uses Inconsistent with Our Constitution
251
Superstitious Uses Conclusion
252
Masses
253
Masses Definition
254
Masses Conclusion
255
Masses Exceptional States
256
XDiscretion
257
Summary
258
Church Poor Relief History Objectionable Features
259
American Situation
261
Purpose of Chapter
262
Churches as Relief Agencies
263
No Religious Character
264
Homes Classes of Beneficiaries
265
Examples of Homes
266
Hospitals May be Commercial Ventures
267
Charitable Hospitals
268
Enumeration of the Statute of Elizabeth
269
Cases Within the Letter of the Statute
270
Summary
279
Education CHAPTER VII
284
Schools Generally
290
Education a True Charity
291
Importance and Early Recognition
292
Broad
293
for a Charity
301
Summary Court Action
307
XITrustees
309
Refusal
313
Technical Words Not Necessary to Appointment
319
Bonds
325
Gift Subject to Annuity
331
Division of Municipal Corporation
337
XIIMortmain Statutes
341
English Statutes Inapplicable in America
342
Classes of Mortmain Statutes 497 Capacity of Donee Limited
343
Foundation Purely Statutory 499 States without Mortmain Policy
344
New York Statute of Wills
345
Who Can Raise the Question 502 Gift Held Void Consequences
347
Gift Held to be Only Voidable
348
Donors Power Limited Consequences
349
Two Classes of Statutes Limiting Donors Power 506 Time Limit Statute Reason and History
350
Time Limit Statute Reason
351
Exception of State or Municipality 509 Codicil within Prohibited Period
352
Evasion of Statute Secret Trust
353
Absolute Gift without Secret Trust
354
Inherent Difficulties in Evasion xxi
355
Statute Limiting Amount that May Be Given to Charity
356
Statutes Limiting Amount Construction
358
Donor Must Be Just Before He Is Generous 516 Summary
359
XIIIRule Against Perpetuities
361
Inalienable Interest May Be Vested in a Charity
363
Unincorporated Society History in America Continued
365
Trust Must Be a Charitable
366
Charitable Character Decisive
367
Burial of Testator and Upkeep of Grave 536 Monument to Testators Memory
368
XIVConstruction
387
Power to Select Beneficiaries
391
Parol Directions Invalid
392
Limits of Discretion
393
Noncharitable Purpose Discretion Invalid
394
Illustrations of Noncharitable Objects
395
Void Discretion Trustees Cannot Validate
396
Construction of Word Charity
397
Benevolence Generosity Liberality
398
Uncertain Meaning of Such Nontechnical Words
399
Construction of Nontechnical Words
400
Liberal Construction of Nontechnical Words
401
Courts Will Not Exercise Trustees Discretion
402
Courts Will Supervise Trustees Discretion
403
Poor Judgment by Trustees No Court Interference
404
Discretion Vested in Court
405
Illustrations
406
Reasons for Holding a Provision to be a Power
407
Trusts Favored Over Powers
408
Trustees Contrariety
409
Formalities
410
Discretion Vested in Other Persons
411
Apportionment of Gift
412
Limits of Discretion May It Be As Wide As The Whole Field of Charity?
413
Limits of Discretion New York History Difficulties with Limits of Discretion
414
Necessity of Class
417
cascascascoscoscascos
418
Classes Illustrated Test of Validity
419
Absurdness of Classification
420
Classification Based on Religious Faith
421
Classification Lodge Membership
422
Classification by Race
423
Classification by Sex Woman Suffrage
424
Classification by
425
Classification Based on Poverty
426
XVITermination
435
Chapter XVIIConflict of Laws
447
Chapter XVIIITax Exemption
457
Fund for Upkeep of Grave
537
Legislative Intervention
538
Condition for Upkeep of Donors Grave
539
Gift to Cemetery
540
That a Charity Creates a Perpetuity is Immaterial
541
Charitable Trusts Create Permitted Perpetuities
542
Possession Postponed
543
Dispensation of Charity Postponed
544
Liberal Construction
545
Charitable Gifts Must Vest Within Statutory Time
546
Charitable Gifts Must Vest Within Statutory Time
547
Liberal Construction
548
Charity Limited on Void Private Trust
549
States Which Abolish the English Charity Doctrine
550
Accumulations Validity
551
Accumulations Invalidity
552
Accumulation and Principal Gift Separable
553
Request for Accumulation Invalid in Part
554
Summary Perpetuities
555
Summary Accumulations
556
Appendix
561
Construction
563
CHAPTER XIV
566
Private and Charitable Trusts Distinction
567
Reason for Distinction
568
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Страница 2 - When thou cuttest down thine harvest in thy field, and hast forgot a sheaf in the field, thou shalt not go again to fetch it : it shall be for the stranger, for the fatherless, and for the widow : that the Lord thy God may bless thee in all the work of thine hands.
Страница 136 - A charity, in the legal sense, may be more fully defined as a gift, to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Страница 1 - And when ye reap the harvest of your land, thou shalt not make clean riddance of the corners of thy field when thou reapest, neither shalt thou gather any gleaning of thy harvest: thou shalt leave them unto the poor, and to the stranger: I am the LORD your God.
Страница 132 - Verily I say unto you, Wheresoever this gospel shall be preached throughout the whole world, this also that she hath done shall be spoken of for a memorial of her.
Страница 200 - Education comprehends all that series of instruction and discipline which is intended to enlighten the understanding, correct the temper, and form the manners and habits of youth, and fit them for usefulness in their future stations.
Страница 59 - All the laws which have heretofore been adopted, used, and approved in the Province, Colony or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the Legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this Constitution.
Страница 28 - Such parts of the common law, and of the acts of the Legislature of the Colony of New York, as together did form the law of the said Colony...
Страница 25 - Resolved, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Страница 28 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.
Страница 140 - A charitable trust or a charity is a donation in trust for promoting the welfare of mankind at large, or of a community, or of some class forming a part of it, indefinite as to numbers and individuals.

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