Estate of Hinckley

Citations

• 58 Cal. 457
• 1881 Cal. LEXIS 254

Syllabus

<p>Trusts for Charitable Purposes—Construction of Constitution—■ Public Policy-.-—Trusts for perpetual charitable uses are not in conflict with public policy as declared in the Constitution of the State.</p> <p>Id.—Id.—Perpetuities—Definition.—The perpetuities prohibited by the common law (and referred to in the Constitution) do not include trusts for charitable uses.</p> <p>Id.—Charity—Construction of Code—Perpetuities.—Charities are not prohibited by the provisions of the Civil Code (§§ 715, 772) which prohibit perpetuities.</p> <p>Id.-—Id.—Id.—Id.—Trusts.—Perpetual trusts for charitable purposes ‘ ‘ when relating to real property” are not prohibited by title ii, part iv of the Civil Code.</p> <p>Id.—Id.—Id.—Id.—Id.—Cestuis Que Trustent.—Section 2221 of the Civil Code does not require that the individual cestuis que trustent to be ultimately benefited by a devise or bequest of charity, shall be specified in the instrument creating the trust.</p> <p>Id.—Id.—Id.-—Id.—Id.—Section 1313 of the Civil Code contains no reference to the provisions of the Code guarding against perpetuities or defining certain trusts, and this silence may be treated as an implied legislative construction of those provisions.</p> <p>Id.—Id.—Id.—Id.—Id.—No statute of this State has prohibited permanent settlements to charitable uses.</p> <p>Id.—Id.—Id.—Id.—Id.—Cases Explained.—The New York decisions upon the subject of charitable trusts are dependent upon the Statutes of that State.</p> <p>Id.—Id.—Id.—Id.—Id.—Id.—The Virginia cases upon the same subject do not turn upon the Statutes of that State prohibiting alienations or defining trusts, but upon the broader principle that independent of the Statute of 43 Elizabeth, the Courts of Equity can not establish charitable trusts when no legal estate vests, and the trust is so vague that its benefits can not be claimed by the cestuis que trustent.</p> <p>Id.—Id.—Id.—Id.—Id.-—Statute of 43 Elizabeth Cases Commented Upon. —Cases in the Supreme Court o