In re Estate of Hull

Citations

• 3 Coffey 378

Syllabus

<p>Wills—Lapse of Bequest to Corporation.—A bequest to a street railway corporation to establish a reading-room for its employees lapses where, before the death of the testator, the corporation is consolidated with others to form a new company.</p> <p>Charity.—Where There is a Gift to Charity generally, indicative of a general charitable purpose and pointing out the mode of carrying it into effect, if that mode fails, still the general purpose of charity shall be carried out; but where the testator shows an intention, not of general charity, but to give to some particular institution, then if it fails because there is no such institution, the gift does not go to charity generally.</p> <p>Cy Pres—When Doctrine not Applicable.—Where the object of a bequest in trust is incapable of being performed, both the trustee and beneficiaries having ceased to exist prior to the death of the testator, the doctrine of cy pres cannot be invoked, and the court is unable to name a trustee by whom the trust can be performed.</p> <p>Charity.—The Main Distinction Between an Ordinary Trust and one for charitable uses is that the former is for a definite, ascertained object, while the latter is favored and supported in equity by reason of the uncertainty of its object.</p> <p>Charity.—Where the Intention of the Testator, as shown by the language employed in his will, was to create a fund for the benefit of persons who were capable of being ascertained and recognized, there is no uncertainty of the object of the trust, and the main feature of a public charity is lacking.</p> <p>Charity.—A Bequest to a Street Railroad Corporation in trust, to be by it invested and the income used in purchasing books and magazines for the reading-room of the employees of such corporation, is not a public charity.</p> <p>Charity.—A Corporation can Exercise No Powers beyond those specified in its charter, and a street railroad corporation cannot be endowed with the powers, duties or responsibilities of an elee