The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*321.* _Conditions, Religious Tenets._—In order to determine the
conditions of a trust the religious tenets of the donor may be shown to
aid in construction of ambiguous provisions.(572)
*322.* _Name, Uncertainty._—A bequest to Georgetown University, in the
District of Columbia, which was incorporated under the name of “The
President and Directors of Georgetown College,” is not void for
uncertainty, as the only institution of learning in the District of
Columbia is Georgetown College.(573)
*323.* _Future Uses, Uncertainty._—A devise to a foundling or eleemosynary
institution, whenever the Christians should create one which the trustees
approved, is valid.(574) And a devise to the “First Christian church
erected or to be erected in the village of Telfairville, in Burke county,
or to such persons as may become trustees of the same,” is good as a
charitable bequest.(575) A bequest to a priest to hold in trust and pay
over to the Sisters for the Poor, is valid.(576) A bequest for the care of
a tombstone is valid in some States and not in others without a statutory
provision.(577) A bequest to the bishop “to be by him used for Roman
Catholic charitable institutions in his diocese,” sufficiently describes
the beneficiaries and is good.(578) Also, a bequest to Bishop England “in
trust for the Ladies of the Ursuline Order residing in Charleston in the
State of South Carolina,” was held for “The Ladies of the Ursuline
Community of the city of Charleston.”(579) A bequest for Masses “to a
Roman Catholic priest that shall succeed me in this place,” was held void
for uncertainty.(580) A bequest in trust to a bishop by name to sell and
give the proceeds to a society named, is not a devise to the society, but
to the bishop in trust.(581)
*324.* _Education, Priesthood._—A devise or bequest to a clergyman of
property to be used for the education of poor Catholic boys for the
priesthood, was sustained in court as sufficiently definite for
performance.(582)
*325.* _Charitable Trust, Cy-Pres._—Equity will not allow a charitable
trust to fail for want of a trustee, but will appoint one.(583) The
doctrine of _cy-pres_ as applied to charitable gifts and trusts, is not in
force in Alabama, Connecticut, Delaware, Indiana, Maryland, Iowa, New
York, North Carolina, nor Wisconsin; but seems to prevail in California,
Illinois, Massachusetts, Missouri, Pennsylvania, and Rhode Island.
*326.* _Error, Ambiguity._—Great latitude is allowed in charitable
bequests, devises, and gifts, in proving _aliunde_ the beneficiary
intended where there is error in the name or a latent ambiguity.(584) The
religion of the testator will be considered in proving intention.
*327.* _Dissolution, Resulting Trust._—On dissolution of a religious
society, the money collected or derived from the sale of property goes
back as a resulting trust to the contributors.(585)
Public-domain text, read in full here on John Shaqi.
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