Brigham v. Peter Bent Brigham Hospital

Citations

• 126 F. 796
• 1903 U.S. App. LEXIS 5201

Syllabus

<p>1. Gifts — Vatjdtty—What Law Governs.</p> <p>The validity of a charitable gift in a will depends on the law of the state where the testator was domiciled, and the lands devised are situated.</p> <p>2. Same — Charities—Accumulations—Perpetuities.</p> <p>Provisions of a will directing accumulations for charitable objects for a period longer than that allowed by the rule against perpetuities are valid.</p> <p>8. Same — Charitable Trust — Existence of Beneficiary.</p> <p>A gift in trust for a charity not existing at the date of the gift, and the beginning of whose existence is uncertain or contingent, is valid, notwithstanding the contingency may not happen within a life or lives in being and 21 years, provided there is no gift of the property in the meantime for the benefit of any private person or corporation.</p> <p>4. Same — Vested Gift.</p> <p>Where testator’s intention to make a gift to a charity is absolute, and the gift and constitution of the trust are immediate, and the only thing postponed is the particular form or mode of the charity to which the testator wishes the property to be applied, the gift is vested, and not contingent, and therefore not within the rule against perpetuities.</p> <p>6. Same — Wills—Construction.</p> <p>Where testator devised the residue of his estate to his executors in trust, and directed them, after paying certain specific legacies, to transfer the residue to a corporation which they were to form for the purpose of administering a charity, and there was nothing undisposed of, or any resulting trust in favor of the heirs or next of kin, the charity vested immediately on testator’s death, and was not conditional on the formation of the hospital corporation.</p> <p>6. Same.</p> <p>Where testator devised all the residue of his estate in trust to invest and pay certain annuities, and provided that unexpended balances after the satisfaction of the annuities and legacies at the expiration of 25 years should be transferred to a certain